Welcome to Committed Coaches! These Terms of Use (“Terms”) govern your access to and use of the services offered by Committed Coaches, LLC (“we” or “us”) via Committed Coaches’ websites, telephone sales services, and digital platforms (“Committed Coaches” or the “Service”). Please read these Terms carefully and contact us if you have any questions. By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, and any other supplemental terms for the Service offerings that you access (collectively, the “Agreement”).

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SECTION 11 (DISPUTE RESOLUTION) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND US. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 11) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 11.6 (OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

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You should print a copy of the Terms or save them to your computer for future reference. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise this Agreement from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you and we may require you to provide consent to the new Agreement in a specified manner before further use of the Service is permitted. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Agreement.

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1. OUR SERVICE

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1.1  Our Service is designed to support weight loss, fitness, and overall physical well-being through health and fitness coaching (which may include a combination of active one-on-one coaching and subsequent self-guided maintenance phases) and the sale of related dietary supplements. To access most features of the Service, you must purchase a program or subscription.

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1.2 Eligibility. You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to use our Service. By using the Service, you represent and warrant that you meet this requirement.

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1.3  The Service should never be used as a replacement for recommended medical or mental health treatment. If we find that it’s appropriate, you may be removed from the Service so that your condition may be managed by a licensed medical professional.

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1.4 You may access group discussions with other clients (“Clients”), moderators, and Committed accountability coaches. These groups are designed to provide you with information and support regarding your goals. Please note that we may engage or replace any Committed accountability coach with another coach or coaches without notice. Committed accountability coaches are not licensed medical professionals, and any information provided by Committed Coaches should not be interpreted as medical advice. Committed Coaches cannot offer advice regarding diagnosis or treatment of any medical or mental health condition or illness. Under no circumstances will any of your interactions with any Coach be deemed or construed to create a physician-patient relationship or a legal duty of any kind.

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1.5 We are not a licensed medical service provider, and any information provided by us should not be interpreted as medical advice or construed to form a physician-patient relationship. Be sure to talk to your doctor before starting the Service or any health or wellness service, and don’t use the Service if you’re having a medical emergency. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR SEEK IMMEDIATE MEDICAL ATTENTION. YOU ACKNOWLEDGE THAT PARTICIPATION IN FITNESS AND NUTRITION PROGRAMS INVOLVES INHERENT RISKS OF PHYSICAL INJURY, ILLNESS, OR DEATH. YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH YOUR PARTICIPATION.

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1.6 We may text you as part of the Service, or as part of a promotion or advertisement (“Committed Communications”). You agree that Committed Communications are governed by this Agreement. We do not charge for Committed Communications, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless carrier and you acknowledge that your carrier may charge you or deduct usage credit from your account when you text us or we send messages to you. Message and data rates may apply. By enrolling a telephone number in Committed Communications, you authorize us to send recurring SMS and MMS mobile messages and make calls to the number you specify, and you represent that you are authorized to receive mobile messages at the number. You agree that these messages may be transmitted using an automatic telephone dialing system (“ATDS”), other automated systems for the selection or dialing of telephone numbers, or different technology. Your consent to receive mobile messages via an ATDS or other automated system for the selection or dialing of numbers is not required (directly or indirectly) as a condition of purchase. While you consent to receive messages sent using an ATDS, you will not interpret that to suggest or imply that our messages are sent using such a system. Message frequency varies, and you can opt-out at any time. If you do not wish to continue participating in Committed Communications, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message you receive from that program to opt out. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that that we and our service providers will have no liability for failing to honor such requests. To the extent you subscribe to more than one communications program that we operate, you must unsubscribe from each program separately. For support or assistance, email us at support@committedcoaches.com. We may change any short code or telephone number we use to operate Committed Communications at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we are not responsible for honoring requests made in such messages. Committed Communications may not be available in all areas or supported by all carriers or all devices. Check with your carrier for details. Delivery of mobile messages is subject to effective transmission from your wireless carrier/network operator and is outside of our control. We and the wireless carriers supported by Committed Communications are not liable for any failed, delayed or undelivered messages. If you decide to change your mobile phone number, you agree to first opt out of each Committed Communications program in which your number is enrolled. For clarity, you acknowledge and agree that any disputes between you and us related to Committed Communications will be governed by Section 11 (DISPUTE RESOLUTION) below.

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1.7  We may update the Service with or without notifying you. You understand that we are not liable to you or to any third party for any modification, update, suspension, or discontinuation of any part of the Service, and that you may be required to update Committed Coaches’ applications to continue to access the Service through such applications.

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2. YOUR CONTENT

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2.1 What You Provide.  Anything that you or another user posts or otherwise makes available on the Service is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you make available or post on the Service.

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2.2 How We Use It. You grant us a non-exclusive, royalty-free, irrevocable, perpetual, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, translate, adapt, create derivative works, perform, and distribute your User Content. Nothing in these Terms restricts other legal rights we may have to User Content, for example, under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used on the Service, for any reason. Notwithstanding the foregoing, any personal health information or other sensitive data you provide to us privately for the purposes of receiving coaching will be handled in accordance with our Privacy Policy and will not be considered User Content for the purposes of this license.

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3. INTELLECTUAL PROPERTY

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3.1 Our Rights. Except with respect to your User Content, you agree that we own all rights, title, and interest in the Service. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service.

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3.2 Our Trademarks. Committed Coaches, the Committed Coaches logo, and all related graphics, logos, service marks, and trade names are the trademarks of Committed Coaches, LLC and may not be used without our express written permission.

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3.3 Your Feedback. We love hearing from our Clients, and are always interested in learning about ways we can make the Service better. If you decide to share your comments, ideas, or feedback (“Feedback”) with us, then Committed Coaches shall have the right to use your Feedback in any manner, including, but not limited to, future enhancements and modifications to the Services. All such Feedback shall be owned exclusively by Committed Coaches, and you agree to assign all right, title and interest in and to such Feedback and related intellectual property.

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4. CONTENT REMOVAL

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4.1 Content Moderation. We are not responsible for User Content submitted by other Clients and we do not have any obligation to proactively review or pre-screen User Content, but we may remove any User Content for any reason (or no reason) at our sole discretion. If you see User Content in violation of any of our policies, please report it to us.

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4.2 IP Infringement. It is our policy to terminate access to the Service of any user who infringes copyright, trademark, or other intellectual property rights upon prompt notification to us by the respective intellectual property owner or their legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes intellectual property rights infringement, please send: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right; (ii) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner’s behalf to our designated agent for notice of claims of infringement: legal@committedcoaches.com.

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4.3 Acceptable Use. You agree not to use the Service to post or share content that is unlawful, defamatory, obscene, or infringing on third-party rights. Furthermore, you agree not to harass, threaten, or abuse any other user, Committed accountability coach, or company staff. Violation of this policy may result in immediate termination of your account.

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5. PURCHASE TERMS

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5.1 Telesales and Installment Plans. If you purchase a fixed-term coaching program (e.g., a 12-month program) over the phone with a sales representative, you agree to pay the total contract value. If you select a monthly payment plan, you authorize us to charge your payment method monthly for the duration of the agreed-upon term until the total purchase price is paid. These installment plans are not month-to-month subscriptions and cannot be canceled early to avoid the remaining balance, except as expressly permitted by law or our refund policy. If your payment method fails, we reserve the right to suspend your access to the Service until the outstanding balance is paid. We may attempt to charge your payment method again, and you will be responsible for any fees, such as overdraft fees, charged by your bank.

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5.2 Supplements and Tangible Products. You may purchase dietary supplements or other tangible products through the Service, either individually or as part of a combined purchase offering of coaching services and dietary supplements (“Bundle”). You acknowledge that physical products are manufactured, fulfilled, and shipped directly by our third-party Partners. Shipping times, product quality, and returns for tangible goods are subject to the respective Partner’s policies. We are not liable for shipping delays or product defects related to items fulfilled by our Partners.

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6. INDEMNIFICATION

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You agree to indemnify and hold us harmless for any of the following: (a) Your use of the Service; (b) your User Content; (c) your violation of our policies; (d) your violation of any rights of another party, including any other Clients; and (e) your violation of any applicable law. You understand that the provisions in this section will survive any termination of your account, as well as any changes in our policies or Service.

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7. DISCLAIMERS

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7.1 “As Is.” YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY TESTIMONIALS OR EXAMPLES OF RESULTS ARE FOR ILLUSTRATIVE PURPOSES ONLY AND ARE NOT A GUARANTEE THAT YOU WILL ACHIEVE THE SAME OR SIMILAR RESULTS. WE DO NOT CLAIM, AND YOU SHOULD NOT ASSUME, THAT THE EXPERIENCES OF INDIVIDUALS PROVIDING TESTIMONIALS ARE TYPICAL. GENERALLY EXPECTED RESULTS VARY SIGNIFICANTLY BASED ON INDIVIDUAL EFFORT, HEALTH FACTORS, AND OTHER CIRCUMSTANCES. WEIGHT LOSS AND HEALTH OUTCOMES VARY SIGNIFICANTLY BASED ON INDIVIDUAL FACTORS, COMMITMENT, AND EFFORT. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR DIETARY SUPPLEMENTS WILL CURE, MITIGATE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

(a) WE MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THAT DEFECTS WILL BE CORRECTED; (4) THAT THE APPLICATIONS OR THE SERVERS THAT MAKE THE APPLICATIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE PERMANENT, ACCURATE, OR RELIABLE.

(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

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7.2 No Liability for Third Parties. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND THE PARTNERS WHO PROVIDE SUPPLEMENTS OR RELATED GOODS AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. WE MAKE NO WARRANTY REGARDING THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES.

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8. LIMITATION OF LIABILITY

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8.1 Disclaimer of Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

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8.2 Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO US BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) THE STATUTORY DAMAGES PRESCRIBED BY A STATUTE UNDER WHICH SUCH CLAIM ARISES. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.

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8.3 Severability. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

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8.4 Exclusions. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

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8.5 Statute of Limitations. To the fullest extent permitted by law, no claim, demand for mediation or arbitration, or cause of action which arose out of an event or events that occurred more than two (2) years prior to the filing of a demand for mediation or arbitration or suit alleging a claim or cause of action may be asserted by you against Committed Coaches.

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8.6 “Basis of the Bargain.” The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and us.

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9. SAFETY AND ENFORCEMENT

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9.1 We care about the safety and security of all our Clients. If we think it’s appropriate, we may disclose your identity, your User Content, or other data associated with you to third parties, like law enforcement; take legal action; or terminate your access to the Service. For more information on what data we may disclose and why, please see our Privacy Policy.

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10. TERMINATION

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10.1 Termination by Us. We reserve the right to terminate your access to the Service for any reason (or no reason).

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10.2 Termination by You. You can terminate this Agreement by canceling any subscriptions, and closing and deleting your account. PLEASE NOTE THAT THE SERVICE WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION.

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10.3 Survival. The following provisions will survive any termination or expiration of this Agreement or your Subscription: 1.6, 2.2, 3, 4, 5, and 6 through 14, and any other provisions intended to survive termination.

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11. DISPUTE RESOLUTION

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11.1 Resolving Disputes. If you have a problem with us that we can’t resolve, we and you agree that any dispute, claim, or disagreement arising out of or relating to the Services or your relationship with us, including claims that arose before the existence of this or any prior Agreement (including claims related to advertising) or claims that may arise after the termination of this Agreement, will be resolved by individual arbitration (“Arbitration Agreement”). This Arbitration Agreement extends to claims you may have against our business partners, vendors, payment processors, and other third parties involved in providing the Service, who are intended third-party beneficiaries of this provision. The exception is that we and you each may bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court and are not removed or appealed to a court of general jurisdiction. All other disputes must be arbitrated on an individual basis, which means you and we are each waiving our right to sue in court and have a court or jury trial. To the extent there is a dispute as to whether claims qualify for small claims court, a court of competent jurisdiction will decide.

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11.2 Informal Dispute Resolution. You also agree that you will try in good faith to resolve any dispute informally before filing an arbitration. To start the informal dispute process, you must send an individualized written notice (“Notice of Dispute”) to legal@committedcoaches.com that includes (1) your name, phone number and email address for your account, and (2) a description of the dispute and how you’d like it resolved. If we have a dispute with you, we will send a Notice of Dispute with the same information to the email address we have on file for your account. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate and try to resolve the claims. If either side requests a settlement conference during this period, then you and we must cooperate to schedule that meeting by phone or videoconference. You and we each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the claims asserted in the Notice of Dispute, any statute of limitations will be tolled from the date the Notice of Dispute is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Dispute Resolution Period”). An arbitration cannot be filed until the Informal Dispute Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this section. Nothing in this section precludes you or us from seeking relief for non-compliance with this Informal Dispute Resolution process in arbitration.

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11.3 What Arbitration Is. Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same individualized damages and relief that a court can award. You and we agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of this provision. In the event, but only in the event, there is a final determination by a court of competent jurisdiction that the FAA does not apply, the California Arbitration Act will apply. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. This arbitration provision shall survive termination of these Terms and the termination of your Committed Coaches account.

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11.4 How Arbitration Works. Any arbitration will be administered by the International Institute for Conflict Prevention and Resolution (“CPR”) under its Administered Arbitration Rules then in effect (the “CPR Rules”), except as modified by this Arbitration Agreement. Notwithstanding the foregoing, if you are a resident of California, the arbitration will be administered by ADR Services, Inc. (“ADR Services”) under its Arbitration Rules then in effect (the “ADR Services Rules”). To initiate arbitration after the Informal Dispute Resolution process is complete, either you or we must file an arbitration demand with CPR (or ADR Services, if applicable). You may serve us with any arbitration demand by mail to: legal@committedcoaches.com. You must include a signed certification of compliance with the Informal Dispute Resolution process. If we have a dispute with you, we will send an arbitration demand to the email address on file for your account. Unless we agree otherwise with you, the arbitration will be conducted in the county (or parish) where you reside. You will be required to pay a filing fee to initiate an arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. We will also pay all other arbitration costs, including administrative and arbitrator fees, unless the arbitrator determines that your claim is frivolous. As in court, the arbitrator shall apply governing law, any counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any sanctions available under the applicable rules, Rule 11, or other applicable law against the parties or their counsel. The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; however, an award that has been satisfied shall not be entered in any court. The arbitrator may consider rulings in other arbitrations involving different users, but an arbitrator’s decision will not be binding in proceedings involving different users. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service.

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11.5 Additional Procedures for Mass Filings. The following provisions set forth additional procedures that apply to mass filings. If, at any time, 25 or more similar demands for arbitration are asserted against us by the same or coordinated counsel (“Mass Filing”), the demands will be administered in batches to increase efficiency and will be governed by the CPR Employment-Related Mass-Claims Protocol (or its consumer equivalent if available) then in effect.

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11.6 Opt Out. If you are a new user of the Service, you can opt out of this Arbitration Agreement within 30 days after you first accept the Terms. If you are an existing user of our Services, you can opt out within 30 days of first accepting these Terms. To opt out, you must send written notice of your decision to opt out to legal@committedcoaches.com or by mail to P.O. Box 4573, El Dorado Hills 95762. Your notice must include your name and the email address associated with your account. If you opt out, neither we nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms (and any other agreements between us) will otherwise apply to you. If we update the Terms after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration.

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11.7 Non-Arbitrable Claims. Nothing in these Terms shall affect any non-waivable statutory rights that apply to you. To the extent any dispute regarding us or our Service isn’t arbitrable under applicable laws or otherwise, we both agree that the dispute will be resolved exclusively in accordance with the remainder of these Terms. If you’re a consumer in the EEA, Section 11 doesn’t apply to you.

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12. CLASS ACTION WAIVER; JURY TRIAL WAIVER

You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. Any dispute over the enforceability of this waiver will be decided by a court of competent jurisdiction, not an arbitrator. If this waiver is found to be unenforceable, the class or representative claim must be brought in court, while any remaining individual claims shall be arbitrated. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement. To the fullest extent permitted by law, you and we waive any right to a jury trial.

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13. THIRD PARTIES

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13.1 Third-Party Payment Service Provider. We use a few different third-party service providers to process payment for the Service (e.g., card acceptance, merchant settlement, and related Service) (“Third-Party Payment Service Providers”). By using the Service, you authorize us to share the information and payment instructions you provide with our Third-Party Payment Service Providers to the extent necessary to complete your transactions.

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13.2 Third-Party Providers. Certain products and features of the Service are provided by third parties (“Third-Party Providers”), including our Partners who supply and ship dietary supplements and related materials. Your purchase and use of such Partner products may be subject to additional terms from those Partners.. In order to use these products and features, you may be required to enter into additional terms and conditions with our Third-Party Providers. This Agreement applies only to the Service, so any interactions between you and a Third-Party Provider is solely between you and them. Make sure to review their policies before taking advantage of those products and features.

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14. GENERAL PROVISIONS

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14.1 Effective Date. These Terms go into effect on the date published below and remain in full force while you use the Service, unless the Agreement terminated.

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14.2 Force Majeure. We are not liable for any delay or failure to perform resulting from causes outside its reasonable control.

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14.3 Assignment. These Terms, and any rights and licenses granted under them, may not be transferred or assigned by you, but may be assigned by us without restriction. In those cases, if we assign the Agreement, you are entitled to terminate the Agreement with immediate effect by deactivating your account. We will provide you with reasonable notice of any such assignment.

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14.4 Governing Law and Jurisdiction. These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. If you are not a consumer in the EEA, you irrevocably consent to the exclusive jurisdiction of the federal and state courts located in Santa Clara County, California over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the Section 11 or any of its parts. You and we consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you are a consumer in the EEA, this won’t deprive you of any protection you have under the law of the country where you live and access to the courts in that country.

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14.5 Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English. This Agreement, and any contract between us, are only in the English language.

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14.6 Notice. When you sign-up for the Service, we ask that you provide your current email address. In the event that your email address is not valid, or for any reason is not capable of delivering to you, any email we send to you with notice will nonetheless constitute effective notice.

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14.7 Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

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14.8 Severability. Except as provided in Section 11 (DISPUTE RESOLUTION), if any portion of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the original intention of the parties. The remaining portions shall remain in full force and effect.

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14.9 Export Control; Sanctions Compliance. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Service may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by us are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Committed Coaches products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.

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14.10 Entire Agreement. This Agreement is the final, complete and exclusive agreement between you and us concerning the Service. In the event of any conflict between these Terms and any supplemental terms applicable to a Service offering, these Terms will control.

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CONTACT US

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The best way to get in touch with us is by emailing support@committedcoaches.com or at

Committed Coaches, LLC

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P.O. Box 4573

El Dorado Hills, CA 95762

Updated February 25, 2026

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