IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE ANDTERMS & CONDITIONS OF SALE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACINGAN ORDER OVER WWW.THE NERVE COACH.COM OR SHOPNERVELABS.COM. THESE TERMSCONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 16 and17). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT ANDRETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS. The use of www.TheNerveCoach.com andwww.ShopNerveLabs.com (hereafter “Website”, “The Nerve Coach” or “Nerve Labs”), which is owned andmaintained by The Nerve Coach, LLC (“we,” “our,” “us”), is governed by the policies, terms, andconditions set forth below. Please read them carefully. We offer the Website, including all information,tools, and services available from the Website to you, the user, conditioned upon your acceptance of allterms, conditions, policies, and notices stated here. By accessing, using, subscribing, or placing an orderover the Website, you agree to the terms set forth herein. If you do not agree to these terms andconditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS OF USE AND TERMS & CONDITIONS OF SALE(“TERMS”) TOGETHER WITH OUR PRIVACY POLICY AND RETURN/EXCHANGE POLICY FORM ALEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU” OR “CUSTOMER”) ANDTHE NERVE COACH AND SHOP NERVE LABS AND SHOULD BE READ CAREFULLY. THISAGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICESPROVIDED BY The Nerve Coach, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BYTELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USEOR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGHTHE WEBSITE.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THATWAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TOPARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVEREMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18 OR IF YOUOPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION18 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT
The Nerve Coach reserves the right to update and change, from time to time, these Terms and alldocuments incorporated by reference by posting updates and/or changes to our Website. It isyour responsibility to check this page periodically for changes. You can find the most recentversion of these Terms at www.TheNerveCoach.com. Use of the Website after such changesconstitutes acceptance of such changes. Any new features or tools which are added to thecurrent Website shall also be subject to the Terms.
Table of Contents:
1. WEBSITE USE
2. WEBSITE USER CONDUCT AND RESTRICTIONS
3. OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
4. INFORMATION YOU PROVIDE; REGISTRATION; USER NAMES AND PASSWORDS
5. ORDER PLACEMENT AND ACCEPTANCE; METHOD OF PAYMENT
6. MEMBERSHIP TERMS AND AUTOMATIC PAYMENT
7. SUPPLEMENT SUBSCRIPTION, AUTOMATIC PAYMENT, AND CANCELLATION
8. SHIPPING FEES
9. PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
10. INDEPENDENT NERVE COACH OR NERVE LABS AFFILIATE PROGRAM
11. TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
12. NO MEDICAL DIAGNOSIS OR TREATMENT
13. FOOD ALLERGY DISCLAIMER
14. DISCLAIMERS OF WARRANTIES
15. LIMITATIONS OF LIABILITIES
16. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
17. The Nerve Coach’s ADDITIONAL REMEDIES
18. INDEMNIFICATION
19. NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT
20. THIRD-PARTY LINKS
21. TERMINATION
22. NO WAIVER
23. GOVERNING LAW AND VENUE
24. FORCE MAJEURE
25. ASSIGNMENT
26. ELECTRONIC SIGNATURE
27. CHANGES TO THE AGREEMENT
28. REFUNDS
29. YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
30. SEVERABILITY
31. ENTIRE AGREEMENT
32. CONTACTING US
SECTION 1 – WEBSITE USE
The Website is intended for adults only. In order to use the Website, you must be 18 years of age or the legal age of majority in your state or province of primary residence, whichever is greater, and also have the legal capacity to enter into a contract with us. The Website is not intended for children and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images, personal stories, The Nerve Coach icons, video and audio clips, personal training sessions, and downloads. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The TheNerve Coach trademark and logo are proprietary marks of The Nerve Coach, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by The Nerve Coach. Notwithstanding the foregoing, you may print off information about your purchases for your personal use only. Commercial use of such information is strictly prohibited.
Subject to your continued strict compliance with all Terms, The Nerve Coach provides to you a revocable,limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website.Notwithstanding the foregoing license grant, you hereby acknowledge and agree that: (1) the Websitecontains copyrighted material, trademarks, and other proprietary information including text, software,photos, video, graphics, music and sound, and that the entire contents of the Website are copyrighted asa collective work under the United States copyright laws; (2) The Nerve Coach is the exclusive owner ofthe copyright and all other intellectual property rights in the entire Website; (3) The Nerve Coach owns acopyright in the selection, coordination, arrangement and enhancement of such content, as well as in thecontent original to it; (4) Each third party content provider owns the copyright in content original to it; (5)You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works,or in any way exploit the content of the Website or any portion of it; (6) Except as otherwise expresslypermitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit anymaterial from the Website without the express written permission of The Nerve Coach and, if applicable,the copyright owner; and (7) In the event of any permitted copying, redistribution or publication of materialfrom the Website, no changes in or deletion of author attribution, trademark, legend or copyright noticeshall be made. You further acknowledge and agree that you do not acquire any ownership rights bydownloading or copying copyrighted material or any other material protected by intellectual property laws.All trademarks appearing on the Website are the exclusive property of their respective owners, including,in some instances, The Nerve Coach, and/or affiliated companies.
You agree not to use or attempt to use the Website in any unlawful manner. You further agree not tocommit any unlawful act or attempt to commit any unlawful act on or through the Website including, butnot limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar,obscene, or defamatory material; or (3) any other unlawful act.
SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personal information. Yoursubmission of personal information through the Website and online store is governed by our PrivacyPolicy. Our privacy policy may be viewed at www.TheNerveCoach.com. The Nerve Coach reserves theright to modify its Privacy Policy in its reasonable discretion from time-to-time. Our privacy policy isincorporated into this Agreement by reference.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; USER NAMES AND PASSWORDS
As an The Nerve Coach user, you will be required to create an account with The Nerve Coach. Youwarrant that the information you provide us is truthful and accurate, and that you are not impersonatinganother person. You are responsible for maintaining the confidentiality of any password you may use toaccess your The Nerve Coach 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 fullyresponsible for all transactions with, and information conveyed to, The Nerve Coach under your useraccount. You agree to immediately notify The Nerve Coach of any unauthorized use of your password oruser name or any other breach of security related to your user account. You agree that The Nerve Coachis not liable, and you will hold The Nerve Coach harmless, for any loss or damage arising from yourfailure to comply with any of the foregoing obligations. Please see Section 20 below for additionalinformation.
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 foryour personal, non-commercial use. You agree that you will not re-sell, re-distribute, or export any productthat you order from the Website.
If you are enrolling in our membership program or ordering a product, payment must be received by TheNerve Coach before your enrollment or order is accepted. 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 by emailinghello@TheNerveCoach.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 yourorder, 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 averified form of payment has been received, we will promptly place your order in line for shipment ordelivery. All items are subject to availability. We will notify you if any item is not available, the expectedavailability date, and may offer you an alternative product. If the availability of any product is delayed andyou do not wish to substitute the product, upon your request, we will cancel your order and if previouslycharged, your payment card will be fully refunded for that specific order.
The Nerve Coach does not accept orders from dealers, wholesalers, or customers who are resellers orwho intend to resell items offered on the Website. If we discover that you are placing orders with theintent to resell items offered on the Website, we will immediately cancel your order, suspend or terminateyour account, and, at our option, pursue any and all available legal remedies from you under applicablelaw. To the extent your conduct may be fraudulent, such as attempting to purchase or purchasingproducts through the use of fake or stolen cards, The Nerve Coach will report you to federal, state, and/orlocal enforcement authorities and take any additional legal action deemed appropriate by The NerveCoach.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. Wemay 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, U.S. Dollars.
SECTION 6 – The Nerve Coach MEMBERSHIP TERMS AND AUTOMATIC PAYMENT
A member (“Member”) is responsible for paying all sums due to The Nerve Coach in connection with their membership (“Membership”) in accordance with these Terms. The first Membership fee payable in accordance with these Terms is due when the Membership account is setup and payment of the Membership subscription fee is a condition of Membership, or after your Free Experience Membership ends and you have not canceled the automatic enrollment with us. Every calendar month (or calendar year depending on the type of Membership applied for), your Membership account will be charged the subscription fee for the following month’s (or year’s) subscription, together with any other fees for the following month’s (or year’s) subscription (for example, proposed additional personal training costs) plus any accumulated charges for the past period (for example, for additional personal training costs incurred in the previous calendar month) (collectively, “Fees”). Failure by the Member to use any of the services available for a Member through its subscription to The Nerve Coach does not relieve the Member of his/her payment obligations under these Terms.
Potential registrants and/or Members can pay by credit card or debit card. Payment details, together with details of the subscription package applied for, shall be collected by us through our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member’s financial data (as well as subscription package data) to our online payment system for processing. You acknowledge that we hold data regarding the subscription package that is being signed up for by theMember, including the last four digits and the expiration date of the card used to purchase the subscription package together with details on when payment of Fees are due. The Member further acknowledges and agrees that by sending a request for a specific subscription package, that payments for Fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is cancelled in accordance with these Terms) and therefore authorizes the automatic payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and fora specific amount).
IF YOU ARE ENROLLED IN THE THE NERVE COACH or NERVE LABS SUPPLEMENT CLUB MEMBERSHIP PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY DEPENDING ONYOUR MEMBERSHIP) AND WILL BE BILLED BY TO THE PAYMENT METHOD YOU PROVIDED TOUS AT THE TIME OF YOUR ENROLLMENT IN THE The Nerve Coach SUPPLEMENT CLUB MEMBERSHIP PLAN.
IF YOU WISH TO CANCEL YOUR PARTICIPATION IN A NERVE COACH OR NERVE LABS MEMBERSHIP PLAN OR SUPPLEMENT SUBSCRIPTION, YOU MAY DO SO AT ANY TIME BY EMAILING US AT HELLO@THENERVECOACH.COM YOU CAN ALSO CALL US AT 833-NRVLABS.
Submissions of the cancellation form provided must be completed by at least 48 hours before your renewal date to avoid any unwanted charges. For monthly Membership subscriptions, we require at least forty-eight (48) hours’ notice of cancellation.
You agree that you will NOT send credit card details to The Nerve Coach directly and that ALL credit card transactions shall be processed through via our Website. The Nerve Coach shall not be held responsible for the security of, or the misuse of, credit card or other personal information. Members should be aware that further terms and conditions required by PayPal may apply, and can be found at www.paypal.com.The Nerve Coach reserves the right to immediately terminate a Member’s account and/or service for any unpaid (in whole or part) period of Membership subscription (with or without notice). Termination of service in no way relieves or excuses the Member from any obligation to pay outstanding charges or expenses. In the event The Nerve Coach starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.
In addition to any Fees, The Nerve Coach may also charge applicable value added or other tax.
SECTION 7 – THE NERVE COACH SUPPLEMENT SUBSCRIPTION, AUTOMATIC PAYMENT, AND CANCELLATION
When visiting the Website, you may have the option of purchasing a product one time or enrolling intoThe Nerve Coach’ Supplement Club subscription plan where the payment card you provide at the time ofenrollment is automatically charged each month until you cancel. If you enroll in the The Nerve Coach’Supplement Club subscription plan, the payment card you provided will be billed and the product shippedevery 30 days from the date of your initial enrollment unless you cancel.
IF YOU ARE ENROLLED IN THE THE NERVE COACH OR NERVE LABS SUPPLEMENT CLUBSUBSCRIPTION PROGRAM AT THE TIME OF YOUR INITIAL PURCHASE AND YOU HAVEPROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD,EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SHIPMENT ORINSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THETIME OF YOUR ENROLLMENT IN THE NERVE COACH OR NERVE LABS SUPPLEMENT CLUBSUBSCRIPTION PLAN.
IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE THE NERVE COACH MEMBERSHIP PLAN,YOU MAY DO SO AT ANY TIME BY EMAILING US AT HELLO@THENERVECOACH.COM YOU CANALSO CALL US AT 833-NRVLABS.
If you participate in the The Nerve Coach Supplement Club subscription program using a credit card andyour credit card fails to process for a subsequent shipment, you agree that The Nerve Coach may contactyou on any phone number (including a cell phone number) or email address provided by you for alternatepayment information. If you fail to pay for any product or service received, your account may be sent forcollection. In the event The Nerve Coach starts collection processes of any type, you will be liable for allcollection costs, including legal fees and expenses, as provided in Section 20 below.
SECTION 8 – SHIPPING FEES
Unless otherwise stated on the Website at the time of purchase, we reserve the right to add applicableshipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonableefforts to fulfill your order within a reasonable time after receipt of your properly completed and verifiedorder. Accurate shipping address and phone number information is required. Although we may providedelivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change.You further understand that product or service availability may be limited and particular products orservices may not be available for immediate delivery. If your order will be delayed, we will contact you atthe e-mail or street address you provided when placing your order. If we are unable to contact you or youwould like to cancel your order, we will cancel the order and refund the full amount charged. We shall notbe liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused byany third party carrier or other delivery service not owned or controlled by us. The risk of loss and title forsuch items pass to you upon our delivery to any third party carrier. We reserve the right to reject orderswhere the stated delivery address is outside the United States.
SECTION 9 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
The Nerve Coach and Nerve Labs 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.
The Nerve Coach and Nerve Labs takes reasonable steps in an effort to ensure that the prices set forthon 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 The Nerve Coach and Nerve Labs 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 isprovided in our Return/Exchange Policy. All sales are deemed final except as provided in theReturn/Exchange Policy. The Nerve Coach’s descriptions of, or references to, products or services notowned by The Nerve Coach or Nerve Labs are not intended to imply endorsement of that product, orconstitute a warranty by The Nerve Coach or Nerve Labs unless expressly stated on the Website.
SECTION 10 – INDEPENDENT NERVE COACH OR NERVE LABS AFFILIATE PROGRAM
The Nerve Coach or Nerve Labs may offer you an opportunity to become an Independent The NerveCoach Affiliate (“IAA”), wherein you will have the opportunity to receive free or discounted products orservices or other remuneration in exchange for your truthful statements about your experience with TheNerve Coach. Such statements may include, but not be limited to, sharing your The Nerve Coachexperience with your friends and colleagues in person, on social media, or by e-mail, and encouragingthem to join The Nerve Coach as a Member and/or purchase The Nerve Coach/Nerve Labs products. TheNerve Coach reserves the sole and exclusive right to determine the amount of remuneration each IAA willreceive in exchange for his/her efforts.
IAA’s must comply with all laws including, but not limited to, laws prohibiting deceptive and misleadingadvertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. §7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227)),and laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements andTestimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)). IAAs are solely responsiblefor ensuring their compliance with all laws.
As an IAA, all of your statements must: (1) contain only truthful and accurate information about your TheNerve Coach experience generally; and (2) if posting on social media, each post must contain (a)@TheNerveCoach, @NerveLabs, #TheNerveCoach and #NerveLabs; and (b) #ad, #advertisement, or#promotion in a clear and conspicuous location before the text of your description. If the post is onInstagram, these hashtags must appear before the “More” button, and each Instagram post must useInstagram’s “Paid Partnership” tool. If the post is on YouTube or another form of video social media, thenthe hashtags must appear in a clear and conspicuous location in the post description, and each videomust display the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in afont size that is clearly recognizable to the viewer and which appears persistently throughout the length ofthe video in the top right hand portion. All e-mails must: (1) be sent only to those individuals who haveopted into receiving e-mails; (2) clearly identify the e-mail as an advertisement in the subject line; and (3)provide a mechanism for the recipient to opt out, with all opt out requests being honored within ten (10)business days of receipt. As an IAA, your statements must not: (1) contain any false or misleadingstatements; (2) make any health or scientific claims about The Nerve Coach’s products or services oryour experience with The Nerve Coach (e.g., “The Nerve Coach has cured my heart disease” would beprohibited, but “The Nerve Coach has helped me gain energy, lose fat, and feel healthier” would bepermitted if that was your experience); (3) display, reference, or discuss any third party’s products orservices including, but not limited to, the products or services of The Nerve Coach’ competitors; nor (4)infringe any third-party’s intellectual property or other rights, including likeness rights, trademark rights,copyrights, and rights of privacy. IAAs are independent contractors and are not employees or agents ofThe Nerve Coach. IAAs have no authority to act on behalf of or bind The Nerve Coach. IAAs shall besolely and exclusively responsible for all costs and other expenses incurred. Sections 18 and 20 below –in their entirety (as well as all other terms in this Agreement) – apply to IAAs, and further govern therelationship between The Nerve Coach and each IAA.
SECTION 11 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
The Nerve Coach is pleased to hear from users and welcomes your comments regarding our services.The Nerve Coach 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 TheNerve Coach’s services or products, in printed and online media, as The Nerve Coach determines in itsabsolute discretion. Testimonials represent the unique experience of the customers submitting thetestimonial, and do not necessarily reflect the experience that you may have using our products. As notedin Section 11 above, your results will vary depending upon a variety of factors unique to you, such as yourhealth, 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 The Nerve Coach on this Website, by electronic mail or otherwise,including but not limited to, any data, questions, comments, suggestions or the like (collectively “UserCommunications”). By transmitting or posting any User Communications, you represent and warrant thatsuch 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. The NerveCoach 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 couldconstitute or encourage conduct that would be considered a criminal offense, give rise to civil liability orwould otherwise violate the law. The Nerve Coach will fully cooperate with any law enforcementauthorities or court order requesting or directing The Nerve Coach to disclose the identity of anyoneposting any such information or materials. Subject to the terms and conditions set forth in our PrivacyPolicy, 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 keptconfidential or for which you expect compensation, acknowledgment, or attribution.
Anything that you submit or post to the Website or social media and/or provide us, including withoutlimitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, andsuggestions (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 suchSubmissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, ordecompile such Submissions. All Submissions shall automatically become our sole and exclusiveproperty and shall not be returned to you.
Additionally, The Nerve Coach reserves the right to correct grammatical and typing errors, to shortentestimonials prior to publication or use, and to review all testimonials prior to publication or use. TheNerve Coach shall be under no obligation to use any, or any part of, any testimonial or product reviewsubmitted. If you submit a testimonial, you are confirming that you have read, understood and agree tothese Terms. If you disagree with any part of these Terms, do not submit a testimonial.
SECTION 12 – NO MEDICAL DIAGNOSIS OR TREATMENT
THE NERVE COACH AND NERVE LABS IS COMMITTED TO HELPING YOU LOSE FAT ANDIMPROVE YOUR LIFESTYLE. YOU UNDERSTAND, HOWEVER, THAT OUR PRODUCTS, SERVICES,AND THE STATEMENTS ON THE WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD & DRUGADMINISTRATION OR MEDICAL PROFESSIONALS, AND OUR PRODUCTS, SERVICES, AND THEINFORMATION ON THE WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE ORPREVENT ANY HEALTH PROBLEMS, ILLNESSES, OR DISEASES. THE INFORMATION ON THEWEBSITE OR PROVIDED TO YOU IN EMAILS OR OTHER COMMUNICATIONS IS DESIGNED FORINFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FORINFORMED MEDICAL ADVICE OR CARE. YOU FURTHER UNDERSTAND THAT OUR PRODUCTSAND SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER 18 YEARS OF AGE ANDTHAT THE PRODUCTS ARE NOT TO BE USED TO TREAT ANY TYPE OF MEDICAL CONDITION ORHEALTH PROBLEM. THE DIETARY NEEDS OF MINOR CHILDREN AND PERSONS WITH MEDICALCONDITIONS ARE DIFFERENT FROM THOSE OF HEALTHY ADULTS. YOU AGREE THAT YOUEITHER HAVE CONSULTED, OR WILL CONSULT, WITH A PHYSICIAN OR DOCTOR BEFORE USINGANY OF OUR PRODUCTS OR TRYING ANY OF OUR SERVICES, PARTICULARLY IF YOU SUFFERFROM ANY MEDICAL CONDITION INCLUDING, BUT NOT LIMITED TO, HEART DISEASE, HIGHBLOOD PRESSURE, OBESITY, BLOOD CIRCULATION PROBLEMS, BREATHING PROBLEMS, ORANY OTHER CONDITIONS OR DISORDERS, AND YOU AGREE THAT YOU WILL CEASEIMMEDIATELY FROM USING OUR PRODUCTS IF YOU EXPERIENCE ANY ILL EFFECTS ORUNINTENDED SIDE EFFECTS OF ANY PRODUCT.
THE NERVE COACH ENDEAVORS TO PROVIDE YOU WITH ACCURATE INFORMATION ABOUTOUR PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT THE INFORMATION TheNerve Coach CONVEYS ABOUT OUR PRODUCTS, SERVICES, AND/OR THE EFFICACY OF OURPRODUCTS OR SERVICES IS OBTAINED FROM INDEPENDENT THIRD PARTIES SUCH AS NEWSAGENCIES, SCIENTIFIC REPORTS, AND SCIENTIFIC / RESEARCH ENTITIES. The Nerve CoachDOES NOT WARRANT OR REPRESENT THAT SUCH INFORMATION IS ERROR-FREE, AND THENERVE COACH DOES NOT REPRESENT OR ENDORSE ANY THIRD PARTIES OR THE METHODSTHAT THEY USE TO ARRIVE AT THEIR CONCLUSIONS. ALL PRODUCT SPECIFICATIONS,PERFORMANCE DATA, AND OTHER INFORMATION ON THE WEBSITE IS FOR INFORMATIONALAND ILLUSTRATIVE PURPOSES ONLY, AND DO NOT CONSTITUTE A GUARANTEE ORREPRESENTATION THAT THE PRODUCTS WILL CONFORM TO SUCH SPECIFICATIONS ORPERFORMANCE DATA. The Nerve Coach DOES NOT WARRANT OR REPRESENT THAT YOURRESULTS WILL MATCH THOSE OF OTHERS WHO USE OUR PRODUCTS OR SERVICES.
THE REPRESENTATIONS AND PRODUCT DISCLAIMERS DESCRIBED ABOVE ARE INAPPLICABLEWHERE PROHIBITED BY LAW.
SECTION 13 – FOOD ALLERGY DISCLAIMER
THE NERVE COACH MAKES EVERY ATTEMPT TO PROVIDE ACCURATE NUTRITION ANDINGREDIENT INFORMATION FOR EVERY PRODUCT ON OUR MENU. WE TAKE FOOD SAFETYVERY SERIOUSLY: HOWEVER, THERE IS ALWAYS A RISK OF CROSS-CONTAMINATION. THERE ISALSO A POSSIBILITY THAT MANUFACTURERS OF THE COMMERCIAL FOODS WE USE COULDCHANGE THE FORMULATION AT ANY TIME, WITHOUT NOTICE.
PLEASE BE AWARE THAT OUR FACILITY HANDLES NUTS AND FOODS THAT MAY CONTAIN NUTSOR NUT OILS.
CUSTOMERS CONCERNED WITH FOOD ALLERGIES NEED TO BE AWARE OF THESE RISKS ANDUNDERSTAND THAT THE CONSUMPTION OF FOODS PROVIDED BY THE NERVE COACH IS ATTHEIR OWN RISK.
SECTION 14 – DISCLAIMERS OF WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASISWITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOTLIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY ORFITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY ANDALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY,SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ONTHIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A)THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OROPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B)THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANYSTORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS,SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGHTHE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTSIN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKETHE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALLCONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED,STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRDPARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW.
SECTION 15 – LIMITATIONS OF LIABILITIES
YOU UNDERSTAND THAT THERE ARE INHERENT RISKS IN PARTICIPATING IN A PROGRAM OFSTRENUOUS EXERCISE. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW,IF YOU SUSTAIN OR CLAIM TO SUSTAIN ANY INJURY WHILE PARTICIPATING IN TRAINING, YOUACKNOWLEDGE THAT THE NERVE COACH (INCLUDING ITS OFFICERS, DIRECTORS,SHAREHOLDERS, EMPLOYEES, AND AGENTS) IS NOT RESPONSIBLE, AND THE TRAINER ISALSO NOT RESPONSIBLE, EXCEPT WHERE THE INJURY WAS CAUSED BY THE TRAINER’SGROSS NEGLIGENCE. YOU AGREE THAT NEITHER THE NERVE COACH OR NERVE LABS(INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS), NORYOUR TRAINER WILL BE HELD LIABLE IN ANY WAY FOR INJURIES RELATED TO UNDECLAREDOR UNKNOWN MEDICAL CONDITIONS. YOU AGREE THAT IN NO EVENT SHALL THE NERVECOACH LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THEAMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO THE NERVE COACH FOR THEMONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST THENERVE COACH OCCURRED. YOU EXPRESSLY WAIVE ANY RIGHT TO INDIRECT, SPECIAL,INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES,COSTS, OR CLAIMS OF ANY KIND OR DESCRIPTION. THIS LIMITATION OF LIABILITY SHALLAPPLY FOR ALL CLAIMS AND ALL THEORIES OF LIABILITY ADVANCED, REGARDLESS OFWHETHER The Nerve Coach WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OFDAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAYHAVE ADDITIONAL RIGHTS. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THECONTRARY.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL THENERVE COACH OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BELIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE,OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THISAGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, YOUR OR A THIRD PARTY’S USE ORATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER THE NERVECOACH HAS 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, ORANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHERDAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLYCAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT(INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
SECTION 16 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS.EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE INTHE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION.YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO 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 FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
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 THES AME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USEAS A COURT WOULD.
1. General
Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, The Nerve Coach, or any involved third party relating to your account, your use of the Website, your relationship with The Nerve Coach, these Terms, the Privacy Policy, and the Return/Exchange Policy.This includes any and all claims that relate in any way to your use or attempted use of the services or products, and any act or omission by The Nerve Coach or any third party (including, but not limited to, trainers), related to your use or attempted use of the services or products. You, The Nerve Coach, or any involved third party may pursue a Claim. The Nerve Coach agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against The Nerve Coach. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration.This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”),9 U.S.C. §§ 1-16, as amended.
2. Exceptions
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you andThe Nerve Coach both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. The Nerve Coach will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Tampa, Florida: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by The Nerve Coach for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Tampa, Florida, and forever waive any challenge to said courts’ jurisdiction and venue.
3. Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us byU.S. Mail to The Nerve Coach, Attn: Legal Department, 70 Buckwalter Road, Suite 411, Royersford PA19468, with copy by e-mail to hello@TheNerveCoach.com. The Nerve Coach will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with The Nerve Coach or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Royersford PA to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
4. Commencing Arbitration
You and The Nerve Coach agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
5. Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Royersford, PA unless The NerveCoach otherwise agrees to arbitrate in another forum requested by you.
6. Organization, Rules, and the Arbitrator
We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American ArbitrationAssociation (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures forConsumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’sRules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, the Return/Exchange Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or The Nerve Coach.
7. Fees
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
8. Governing Law and Award
The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court or competent jurisdiction.
9. Enforceability
This provision survives termination of your account or relationship with The Nerve Coach, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforce ability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
10. Miscellaneous
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and The Nerve Coach and shall not be modified except in writing by The Nerve Coach.
11. Amendments
The Nerve Coach reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of any services or product on or through the Website, or use or attempted use of aThe Nerve Coach service or product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, The Nerve Coach will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase or use of any services or products on or through theWebsite, or use or attempted use of a The Nerve Coach service or product, is affirmation of your consent to such material changes.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TOHAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE OR PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT The Nerve Coach, ATTN: LEGAL DEPARTMENT, 70 BUCKWALTER RD SUITE 411, ROYERSFORD PA 19468, WITH COPY BY E-MAIL TO HELLO@THENERVECOACH.COM.FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY SERVICE OR PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USETHE SERVICE OR PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
SECTION 17 – The Nerve Coach’s ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to The Nerve Coach, in the event of any breach or threatenedbreach by you of the provisions of the parties’ Agreement or any infringement or threatened infringementby you of the intellectual property of The Nerve Coach or a third-party, The Nerve Coach shall be entitledto seek an injunction or other equitable relief restraining such breach, threatened breach, infringement, orthreatened infringement. Nothing in this Agreement shall be construed as prohibiting The Nerve Coachfrom pursuing any other remedies available to it for such breach, threatened breach, infringement, orthreatened infringement, including the recovery of monetary damages from you.
SECTION 18 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless The NerveCoach and its affiliates, and their respective directors, officers, employees, licensors, independentcontractors, subcontractors, suppliers, parent companies, subsidiaries, and agents from and against anyand 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 theWebsite, (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 rightsof a third-party.
SECTION 19 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT
If you believe that materials or content available on any The Nerve Coach Website infringes any copyrightyou own, you or your agent may send The Nerve Coach a notice requesting that The Nerve Coachremove the materials or content from the The Nerve Coach Website. If you believe that someone haswrongly filed a notice of copyright infringement against you, you may send The Nerve Coach acounter-notice. Notices and counter-notices should be sent to The Nerve Coach, Attention LegalDepartment, at 70 Buckwalter Rd Suite 411, Royersford PA 19468, or by e-mail tohello@TheNerveCoach.com.
SECTION 20 – THIRD-PARTY LINKS
The Website may contain links to other websites. The Nerve Coach assumes no responsibility for thecontent or functionality of any non- The Nerve Coach website to which we provide a link. Please see ourPrivacy Policy for more details.
SECTION 21 – TERMINATION
The Nerve Coach reserves the right to terminate any Member’s Membership and/or service for anyreason (including paid-for subscriptions and/or guest subscriptions) after providing e-mail notice to theMember.
This Agreement will take effect (or shall re-take effect) at the time you click “SUBMIT ORDER,” “PAYNOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “ADD TO CART”, “I ACCEPT”, “IAGREE” or similar links or buttons, otherwise submit information through the Website, respond to arequest for information, complete a purchase, select a method of payment, enter in payment methodinformation, and/or begin installing, accessing, or using the Website, whichever is earliest. If, in our solediscretion, you fail, or we suspect that you have failed, to comply with any term or provision of theAgreement, we may terminate the Agreement or suspend your access to the Website at any time withoutnotice to you and you will remain liable for all amounts due up to and including the date of termination orsuspension. You further agree that The Nerve Coach shall not be liable to you or to any third party for theconsequences of such termination or suspension. Your rights under this Agreement will terminateautomatically if you fail to comply with this Agreement, subject to the survival of rights of certainprovisions identified below. Termination will be effective without notice. Upon termination, you mustpromptly destroy all copies of any aspect of the Website in your possession. Sections 12, 14 through 20,22, 24 through 28, and 30 through 31 of this Agreement, as well as any representations, warranties, andother obligations made or undertaken by you, shall survive the termination of this Agreement and/or youraccount or relationship with The Nerve Coach.
SECTION 22 – NO WAIVER
No failure or delay on the part of The Nerve Coach in exercising any right, power or remedy under thisAgreement may operate as a waiver, nor may any single or partial exercise of any such right, power orremedy preclude any other or further exercise of such right, power, or remedy, or the exercise of anyother rights, power or remedy under this Agreement. A waiver of any right or obligation under thisAgreement shall only be effective if in writing and signed by The Nerve Coach.
SECTION 23 – GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with youraccess or use of the Website, our Privacy Policy, or Return/Exchange Policy, or any matter concerningThe Nerve Coach, including your purchase and use or attempted use of any service or product, shall begoverned exclusively by the laws of State of Pennsylvania excluding its conflict of law provisions. To theextent that any Claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction tobe excluded by the arbitration agreement in Section 17 above, the parties agree any such Claim ordispute shall be exclusively brought in and decided by the state or federal courts located in RoyersfordPA, 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.
SECTION 24 – FORCE MAJEURE
The Nerve Coach will not be responsible to you for any delay, damage, or failure caused by oroccasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: anyact of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil waror hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of anygovernmental authorities having jurisdiction over the premises, inability to procure material, equipment, ornecessary labor in the open market, acute and unusual labor, material, or equipment shortages, or anyother causes beyond the control of The Nerve Coach. Delays due to any of the above causes shall not bedeemed to be a breach of or failure to perform under this Agreement. The Nerve Coach shall not berequired against its will to adjust any labor or other similar dispute except in accordance with applicablelaw.
SECTION 25 – ASSIGNMENT
The Nerve Coach may assign its rights under this Agreement at any time, without notice to you. Yourrights arising under this Agreement cannot be assigned without The Nerve Coach’ express writtenconsent.
SECTION 26 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When youcommunicate with any The Nerve Coach company through or on the Website or via other forms ofelectronic media, such as e-mail, you are communicating with the company electronically. You agree thatwe 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 equivalentto communications in writing and shall have the same force and effect as if they were in writing andsigned by the party sending the communication. You further acknowledge and agree that by clicking on abutton 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 bindingelectronic signature and are entering into a legally binding contract. You acknowledge that your electronicsubmissions constitute your agreement and intent to be bound by this Agreement. Pursuant to anyapplicable statutes, regulations, rules, ordinances or other laws, including without limitation the UnitedStates Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) orother 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 THEWEBSITE. 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 retentionof non-electronic records, or to payments or the granting of credits by other than electronic means.
SECTION 27 – CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at https://www.TheNerveCoach.com and https://www.ShopNerveLabs.com. 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 theAgreement constitutes acceptance of those changes. Unless accepted by The Nerve Coach in writing, these terms and conditions may not be amended by you.
SECTION 28 – REFUNDS
To ensure the safety and efficacy of our products, NerveLabs does not accept returns and will not provide refunds. Please be sure to review the ingredients of all products for sensitivities, intolerances and allergies before purchasing. If you are taking prescription medication and you question drug interactions, please inquire with your physician or pharmacist before placing an order. *All subscriptions will receive a 3-day renewal notification by email. This is sufficient notice to request changes to your order. Any requests made after the order is confirmed, may not be able to be changed. Please contact us either via phone call at 833-NRVLABS or via email at hello@thenervecoach.com.
SECTION 29 – 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 TheNerve Coach has the right to rely upon all information provided to The Nerve Coach by you, and TheNerve Coach 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 30 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdictionto be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue infull force and effect and such provision may be modified or severed from this Agreement to the extentnecessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 31 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or inrespect to the Website constitutes the entire agreement and understanding between you and The NerveCoach and governs your access and use of the Website and your ordering, purchasing and use and/orattempted use of any service or product, and supersedes and replaces any prior or contemporaneousagreements, representations, communications, and proposals, whether oral or written, between you andThe Nerve Coach. 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 policiesor operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or theAgreement shall not be construed against the drafting party.
SECTION 32– CONTACTING US
We encourage our customers to contact us with questions or comments about our products, services orthese conditions. Please feel free to do so by emailing us at hello@TheNerveCoach.com or by calling usat 833-NRVLABS.
We encourage our customers to contact us with questions or comments about our products and services.Please feel free to do so by emailing us at hello@The Nerve Coach.com, or by regular mail at 70Buckwalter Rd, Suite 411, Royersford, PA 19468.
