Digital Product Terms

This Agreement (“Agreement”) is made effective by and between Good Vibe Products, LLC (the “Company” or “Good Vibe Products, LLC”), and purchaser of the digital product(s) (hereafter “Client”), for the purpose of Client purchasing a digital product or software from Company’s online shop (the “Product”). Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.

IMPORTANT: REVIEW SECTION 11 BELOW. YOUR USE OF THE PLATFORM CONSTITUTES YOUR AGREEMENT TO ARBITRATE DISPUTES INSTEAD OF HAVING THEM RESOLVED BY A COURT. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL YOU MAY HAVE HAD. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST US.

1.DIGITAL PRODUCT USAGE

After purchasing the digital product, Client will be given access to the product materials in within [48 hours] through his/her email, phone or Whatsapp. Client will have lifetime access to the materials so long as the product(s) is/are available.

Personal Use Only. You will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the kit, except for your own personal, non-commercial use. You may post anything from the Product onto public galleries or your personal blog, or submit creations to magazines or online publications, provided that the author and the kit name are properly attributed in the list of supplies.

No Redistribution. You may not reproduce, repackage, or redistribute any of the content of the Product, in whole or in part, for any reason.

No Commercial Use. The content on the Product may not be used for commercial purposes. For example, you may not do any of the following: use the Product to sell a product or service; use the Product to increase traffic to your Web site for commercial reasons, such as advertising sales. Any use of the Product that infringes upon the intellectual property rights of Good Vibe Products, LLC, or that is for commercial purposes will be investigated, and the owner shall have the right to take appropriate civil legal action.

2.FEES AND PAYMENT PROCESSING

In consideration for access to the Product provided by Company, Client agrees to compensate Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.

3.REFUND POLICY

Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by Client in connection with the Product will be allowed under any circumstances. 3.1 12-Week Elite Program Guarantee

For our 12-Week Elite Program, we offer a specific guarantee: if you do not lose at least 3 inches off your waistline within the 12-week period, we will provide an additional 4 weeks of coaching at no extra charge. To be eligible for this guarantee, you must have followed the program as instructed, including adhering to the meal plans, workout routines, and any other specific guidance provided during the program. Proof of compliance with the program, such as regular check-ins and updates, may be required to claim the additional coaching.

No monetary refunds will be provided under any circumstances, including for failure to achieve results. The guarantee only extends to offering the additional coaching period as described above.

4.PERSONEL INFORMATION

By purchasing the Product, Client will be asked to provide personal information including his/her name, email address, mailing and billing address. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.

The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.

5.WARRANTIES AND LIABILITIES

Company makes every effort to ensure that the Product is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Client agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client’s breach of these terms and conditions. Company shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

6.FORCES MAJEURE

If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.

7.GUARANTEES

Company does not make any guarantees as to the results, including financial or other personal gains, of Client’s use of the Product. Client agrees to take responsibility for Client’s own results with regard to using the Product.

8.RELEASE AND REASONALBE EXPECTATIONS

Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Client. Client understands and agrees that:
Every client and final result using the Product is different;
The Product is intended for a mass audience.

9.ENTIRE AGREEMENT

This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.

10.VENUE AND JURISDICTION

The laws of the State of Colorado shall govern this contract, and any resulting arbitration shall take place within Denver County, Colorado. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.

11.ARBITRATION, CLASS ACTION WAIVER

Arbitration. If a dispute arises from or relates to these Terms or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to resolve the controversy or claim arising out of or relating to this contract, or breach thereof in binding, non-appealable arbitration administered by the American Arbitration Association in accordance with its commercial and fast track arbitration rules and pursuant to the Federal Arbitration Act, 9 U.S.C. Sections 1-16 (and all amendments and successor statutes thereto, if any). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be held in Denver County, Colorado or any adjacent counties to Denver County, Colorado and shall be governed by the laws of the State of Colorado (excluding its choice of law rules) and, as may be applicable, the laws of the United States. The number of arbitrators shall be one. The language of the arbitration shall be English. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. YOU UNDERSTAND THAT THIS SECTION MEANS THAT, BY USING THE PRODUCT, YOU AGREE TO ARBITRATE, THUS WAIVING YOUR RIGHTS TO SUE IN COURT AND HAVE A JURY TRIAL.

Notwithstanding the foregoing, any dispute, claim or controversy under $10,000,000 in value arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by FairClaims (www.fairclaims.com) in accordance with its FastTrack Rules & Procedures effective at the time a claim is made, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Parties consent to electronic service of process, with service to be made to the email addresses designated by the parties. The Parties agree that, in the event of confirmation and enforcement, the delinquent party will be responsible for all attorney, court or other fees and costs associated with such action.

CLASS ACTION WAIVER. YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND WE OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.

12.TRANSFER

This agreement cannot be transferred or assigned to any third party without written consent of both parties.

13.SEVERABILITY

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.

14.THIRD PARTY SERVICES, ADVERTISEMENTS

Although the Product may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Product may be "affiliate links". This means if you click on the link and purchase an item or service, Good Vibe Products, LLC, will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Product. Your linking to any other off-site resources is at your own risk. If you decide to enable, access or use third party services, you agree that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Good Vibe Products, LLC, with respect to such other services. Good Vibe Products, LLC, is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Good Vibe Products, LLC, to disclose your data as necessary to facilitate the use or enablement of such other service.

During your use of the Product, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Product. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

15.INDEMNIFICATION

You agree to defend, indemnify and hold harmless our company, its owners, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from any and all third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to (i) your Content, (ii) your use of the Product or services; (iii) any willful misconduct on your part, (iv) your violation of any provision of these Terms; (v) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (vi) any claim that one of your user submissions caused damage to a third party.

16.ASSUMPTION OF RISK

ASSUMPTION OF RISK. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS, USE AND/OR INVOLVEMENT WITH THE PRODUCT (INCLUDING WITHOUT LIMITATION, EXERCISE, NUTRITIONAL, INSTRUCTIONAL GUIDANCE, AND SOFTWARE MAY INVOLVE POTENTIALLY DANGEROUS AND PHYSICAL ACTIVITIES THAT MAY LEAD TO PERSONAL AND/OR BODILY INJURY, DEATH, TEMPORARY OR PERMANENT DISABILITY, LOSS OF SERVICES, LOSS OF CONSORTIUM, OR DAMAGE TO OR LOSS OF PROPERTY OR PRIVACY. YOU HEREBY ACKNOWLEDGE AND WILLINGLY ACCEPT THESE RISKS AND AGREE TO UNCONDITIONALLY RELEASE AND HOLD GOOD VIBE PRODUCTS, LLC HARMLESS FROM AND AGAINST ALL CLAIMS, SUITS, DAMAGES, LOSSES, CAUSES OF ACTION, COSTS, EXPENSES OR LIABILITY ARISING OUT OF OR RELATED TO YOUR ACCESS, USE AND/OR INVOLVEMENT WITH THE PRODUCT

. 17.RESULTS WILL VARY

RESULTS VARY DEPENDING ON STARTING POINT, GOALS, AND EFFORT. EXERCISE AND PROPER DIET ARE NECESSARY TO ACHIEVE AND MAINTAIN WEIGHT LOSS AND MUSCLE DEFINITION.

18.CONSULT HEALTH PROFESSIONAL BEFORE USE

CONSULT YOUR PHYSICIAN AND FOLLOW ALL SAFETY INSTRUCTIONS BEFORE BEGINNING ANY EXERCISE PROGRAM OR USING ANY SUPPLEMENT, NUTRITION PLAN, OR MEAL REPLACEMENT PRODUCT, ESPECIALLY IF YOU ARE PREGNANT, BREASTFEEDING, OR IF YOU HAVE ANY UNIQUE OR SPECIAL MEDICAL CONDITIONS.

19.NO MEDICAL ADVICE

THE CONTENT IN THE PRODUCT DOES NOT CONSTITUTE MEDICAL ADVICE OR OTHER PROFESSIONAL HEALTHCARE ADVICE. ALTHOUGH GOOD VIBE PRODUCTS, LLC PROVIDES ITS PRODUCTS AND SERVICES WITH YOUR HEALTH AND SAFETY IN MIND, EACH INDIVIDUAL HAS THEIR OWN LIMITATIONS AND IT IS THEREFORE CRITICAL THAT YOU CONSULT YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROVIDER FOR NECESSARY MEDICAL OR APPROPRIATE CARE, FOLLOW ALL SAFETY AND OTHER INSTRUCTIONS FROM YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROVIDER, AND OBTAIN APPROPRIATE AUTHORIZATION BEFORE ACCESSING OR USING ANY CONTENT ON THE PRODUCT, ESPECIALLY IF YOU ARE PRONE TO INJURIES, ARE PREGNANT OR NURSING, OR HAVE ANY OTHER UNIQUE OR SPECIAL MEDICAL CONDITIONS. ALL CONTENT ON THE PRODUCT IS PROVIDED FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. THE INFORMATION MADE AVAILABLE ON OR THROUGH THE PRODUCT SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL OR OTHER IMPORTANT HEALTHCARE DECISIONS. GOOD VIBE PRODUCTS, LLC DOES NOT PROVIDE CLINICAL SERVICES. THUS, IT IS EXTREMELY IMPORTANT THAT YOU CONSULT YOUR PHYSICIAN OR LICENSED HEALTHCARE PROVIDER IN CONNECTION WITH YOUR MEDICAL OR HEALTH CONDITION. YOUR USE OF THE PRODUCT DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND GOOD VIBE PRODUCTS, LLC.