MAMASTEFIT ONLINE COURSE TERMS OF USE
MamasteFit, LLC
I. INTRODUCTION
MamasteFit, LLC (“we,” “us,” “our, “Company”) offers online content available for purchase in the form of an online course (“Course”). Your purchase of and access to Course is governed by these Terms of Use (“Agreement”). By purchasing Course, you understand and agree you are bound by the terms in this Agreement.
- REGISTRATION AND YOUR ACCOUNT
In order to access Course, you may be required to register for an account. You may be asked to input your email address, select a password, and provide other personal information. By purchasing Course and registering for an account, you agree:
a. You are of legal age to consent to a binding contract
b. You will provide truthful, accurate, complete and current information upon registration
c. You will update your registration as needed
d. You will not share your registration information or allow anyone else to access your account
e. You are responsible for maintaining the security of your registration information
f. You will notify us as soon as you become aware of any unauthorized use of your account
g. You are solely responsible for procuring any necessary hardware, software, and or network connections necessary to access our Course
h. You indemnify us against all losses, damages, claims, costs and/or expenses and release us from any liability that arises from any unauthorized use of your account
i. If you are permitted to post, comment, or otherwise engage with others while participating in Course, you agree you will not post or otherwise submit any material that is obscene, profane, unlawful, pornographic, defamatory, libelous, harassing, violent, or otherwise harassing
j. If you are permitted to post, comment, or otherwise engage with others while participating in Course, you agree not to post material that is trademarked, copyright protected or otherwise infringes on the intellectual property rights of another
k. If you are permitted to post, comment, or otherwise engage with others while participating in Course, you agree not to post advertisements, engage in self-promotion, or promote or otherwise solicit business on behalf of yourself or others
l. We have the right to terminate your account at any time, at our discretion, without notice to you, if any terms of Agreement are violated. If we in our sole discretion decide to terminate your account because of breach of Agreement terms, you will not be refunded any payments made up to the point of termination.
- ACCESS AND AVAILABILITY
Generally, access to Course is automatic upon completion of purchase. You may access Course at the completion of purchase. However, our service providing Course to you is automated and as such, we cannot guarantee that our system will always be functional. There may be a delay in availability of Course for access. In the event our systems are down or otherwise delayed, we will make every effort to notify you of delays and remedy the problem immediately; however, you agree we are not liable for any damages caused by or related to any delays you may experience in accessing Course.
If you experience issues downloading or otherwise accessing Course, please contact us at: [email protected].
IV. ERRORS, OMISSIONS, MODIFICATIONS, AND DISCONTINUATIONS
We do not guarantee the accuracy or completeness of our listed Course or any information accompanying the description of our listed course. We reserve the right to change or modify any Course-related details at any time, without notice to you. We reserve the right to correct any errors in pricing at any time, without notice to you. In addition, we reserve the right to cancel any orders received for Course if we become aware of an error in the listed price for that Course, regardless of whether you have completed your purchase. If your purchase has already been completed when we become aware of a pricing error, we will notify you, cancel your order, and issue a refund. We reserve the right to discontinue Course, at any time, without notice to you.
You agree that we may modify, replace, upgrade, or otherwise change Course at any time, and convert you to the new format, to the extent such change is not detrimental to your use of Course and with reasonable notice from us to you regarding impending changes. We reserve the right to make any changes that are not material to functionality without notice.
V. PAYMENT
The cost of Course is:
Childbirth Education Course: $99 USD paid in full
The Childbirth Education Course + VBAC Prep Bundle: $139 USD paid in full
Childbirth Education: Condensed Course (Labor Physiology + Comforts & Pushing): $59 USD paid in full
VBAC Prep Course: $59 USD paid in full
C-Section Scar Mobilization Education Course: $65 USD paid in full
Labor Induction Education Course: $49 USD paid in full
Pushing Education Course: Understanding the Second Stage of Labor: $39 USD paid in full
Birth Workers Education Course: $350 USD paid in full, or 6 payments of $70 USD
Prenatal Fitness Education Course + Fitness Programming: $250 USD paid in full, or 9 payments of $35 USD
4-Week Labor and Birth Partner Prep Program: $55 USD paid in full
Postpartum Return to Foundations: On Demand Course: $115 USD paid in full
Postpartum Return to Fitness Programs: $199 USD paid in full, $219 USD paid in full, or 4 payments of $60 USD
Postpartum Return to Running Program: $199 USD paid in full, or $125 USD paid in full (10-week Program only)
MamasteFit Subscription Fitness Programming: $35 USD paid monthly (6 days of programming), $25 USD paid monthly (4 days of programming), $350 USD paid annually (6 days of programming), or $250 USD paid annually (4 days of programming)
Financial transactions are conducted through secure third-party payment systems subject to their own terms of use. These terms of use are available on each payment processor’s website.
By initiating a purchase of Course, you warrant that you have the authority and rights to use your payment method, you have provided accurate information so we can complete your purchase and contact you as needed, you authorize us to charge your chosen method of payment, and you agree to pay all charges listed. You will not be given access to Course until full satisfactory payment is received. We reserve the right to refuse or cancel your order of Course without notice to you if we suspect the purchase is unauthorized or fraudulent.
You agree that you shall not initiate any chargebacks via your payment provider. Any payments that are not refundable as outlined in these Terms and Conditions are final and may not be charged back. You are responsible for any fees associated with recouping payment and any associated collection fees.
If you pay for Course in installments, you will be charged an initial payment. You will be charged for each installment payment every month subsequent, for a total of 4 or 6 installment payments, depending on which payment plan you opt for at checkout. If your payment method is declined in any way, we will notify you and you have 5 business days to pay the full amount owed. If you have not paid the full amount owed within 5 business days, your access to Course will be terminated without prior notice to you. No payments made by you will be refunded. If your access is terminated, you are still liable to us for all outstanding balances. Company reserves the right to pursue any outstanding balances owed to the fullest extent of the law, including, but not limited to, authorizing a debt collection agency to collect amounts owed on Company’s behalf.
VI. REFUNDS
Course is digital and therefore not returnable. No refunds will be issued for any reason. By purchasing Course, you agree that all payments made by you are final and may not be charged back. If you are unable to access Course, you must contact us at [email protected].
VII. DISCOUNTS AND PROMOTIONS
We may offer discounts or promotions as applied to your original purchase, subsequent purchases, or in conjunction with a subscription. These discounts and promotions are not transferable. These discounts and promotions cannot be redeemed for cash, combined with any other offer, or transferred to another purchaser.
VIII. YOUR PRIVACY
By purchasing Course, you agree that we may process your personal information for the purpose of completing the transaction. Service providers who assist us with storage, payment processing, analysis and/or other services may have access to your personal information only to the extent necessary to fulfill their obligations to us. Please see Our website’s Privacy Policy for more information on the personal information.
IX. THIRD PARTY CONTENT
Course may contain links to or content from third parties. This third-party content is not owned by us. Third party websites are governed by their own Terms and Conditions and Privacy Policy and protected by their own intellectual property rights. By purchasing Course, no intellectual property rights in any third-party content transferred to you. Our inclusion of third-party links and/or third-party content in Course is not an endorsement of this content. If you access any third-party websites or third-party content through Course, you agree we have no control over third party websites and their content, which are subject to their own terms. We make no representations regarding any third-party websites or third-party content.
X. INTELLECTUAL PROPERTY
By purchasing Course, we are granting you a single use, non-exclusive, non-transferable, non-assignable revocable license to access Course and any associated Course resources available to you. Course and all Course resources are owned by Company and protected by all applicable copyright and trademark laws. You understand and agree that you do not acquire any ownership rights in Course or Course resources through your purchase, nor do we grant you any licenses to our intellectual property except for where expressly authorized by us.
If Course includes Course resources for download, you will be permitted to download the resources print if appropriate for your personal, non-commercial use. No other portion of Course is downloadable without our express permission.
You understand and agree you are not permitted to modify, duplicate, reproduce, record, transcribe, snapshot, photograph, sublicense, share, reassemble, upload, broadcast, publish, adapt, lend, change, post, transmit, transfer, distribute, sell, license, display, republish, reverse engineer, create derivative works of, frame without authorization, or in any way alter Course or any Course resources.
XI. DISCLAIMER OF WARRANTIES
You understand and agree that Course is provided “as is” for informational purposes only and should be used at your own risk. Course is educational and is not a substitute for consultation and/or treatment with an appropriate professional. Course is not business, financial, legal, medical, health or other professional advice. It is not intended to diagnose, treat or prevent disease.
Company makes no representations or warranties of any kind, express or implied, as to Course, including, but not limited to, any warranties of merchantability or fitness for a particular purpose. Company makes no representations as to any physical, emotional, or mental health benefits that may be derived from Course. You understand and agree that Company does not make any representations or guarantees as to any possible income, business growth, sales, additional clients, or any other earnings or growth benefits that may be derived directly or indirectly from your participation in Course. We are not responsible or liable for any of your decisions directly or indirectly related to the information provided, nor are we responsible for any damages from the use or misuse of Course. By purchasing Course, you agree you are solely responsible for any decisions you make from the information in Course.
Company does not assume liability or responsibility for the accuracy or completeness of information provided in Course. Company disclaims all warranties to the fullest extent permitted by law.
You understand and agree every individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company to you in Course will also work for you. You understand and agree that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, or any other forum are the experiences of one Course participant. You understand and agree Company does not represent or guarantee in any way that you will achieve the same or similar results.
XII. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE NOR DO WE ACCEPT ANY RESPONSIBILITY FOR ANY LOSSES OR DAMAGES CAUSED BY OR RESULTING FROM YOUR PURCHASE OR USE OF COURSE. BY PURCHASING AND USING COURSE, YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTS DERIVED FROM THAT USE. YOU AGREE THAT WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, ARISING OUT OF YOUR USE OF COURSE AND ANY COURSE RELATED MATERIALS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR COURSE WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
XIV. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company and any Company agents or third parties from and against any and all claims, damages, settlements, losses, liabilities, costs, charges, and expenses, including reasonable attorney’s fees, relating to or arising out of any breach by you of any of these Terms of Use, or any use of Course or Course resources or materials or inability to use Course or Course resources or materials, or your violation of any applicable laws or regulations. You shall not settle any third-party claim or waive any defense without our prior written consent. We reserve the right to assume exclusive control and defense of any matter otherwise subject to indemnification by you, and if exercise this right, you agree you will fully cooperate with us.
XV. TERMINATION
If you have registered for a user account, you can contact us at [email protected] to terminate your user account. We reserve the right, without limiting any other provision in this Agreement, in our discretion, to deny anyone who violates any provision of this Agreement, or any applicable law or regulation, access to their account on our website, Course, and any Course-related resources or materials at any time, without notice. We reserve the right, without limiting any other provision in this Agreement, in our discretion, to terminate the account of any purchasers who breach the terms of this Agreement, without notice.
XVI. INTERNATIONAL USERS
Our company is owned and operated in North Carolina, in the United States and this Agreement is controlled by applicable laws in this jurisdiction. We do not represent or warrant that Course is available or appropriate outside of the United States. If you use Course from a location outside of the United States, you agree to abide by your country’s applicable laws as they relate to accessing Course.
XVII. GOVERNING LAW/DISPUTE RESOLUTION
In the event of a dispute that cannot be resolved amicably by contacting Us first, you agree to binding arbitration in the closest geographic location to Aberdeen, North Carolina, in the United States. If for any reason any dispute is not resolved in arbitration, the dispute will be litigated in the courts geographically nearest to Aberdeen, North Carolina, in the United States.
XVIII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and us regarding your purchase of Course.
XIX. SEVERABILITY
If any portion of this Agreement is deemed to be void or unenforceable, that portion is severable from the Agreement and does not impact the enforceability of the remainder of this Agreement.
If you have questions about this Agreement, please contact [email protected].
LAST UPDATED: January 12, 2022