Disclaimer

This website located at Cmorrfitness.com (“Website”) is owned and operated by Cmorrfitness, LLC.

Your use of the Website constitutes your acceptance of, and agreement to, the following disclaimer (“Disclaimer). We reserve the right to modify, alter, amend or update this Disclaimer. This Disclaimer is subject to change without notice. If you do not agree with or do not accept any part of this Disclaimer, you must not use the Website.

DISCLAIMER

We have made every effort to ensure that all information on the Website has been tested for accuracy. We make no guarantees regarding the results that you will see from using the information provided on the Website.

The Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.

RESULTS

I make every effort to ensure that I accurately represent these products and services and their potential for results. There is no guarantee that you will experience the same results as another person and you accept the risk that the muscle building results, fitness results, competition results and fat loss results differ by individual.

The testimonials, examples, and photos used are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our program, service, and/or product capabilities, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with these programs, services, and/or products.

YOUR RESPONSIBILITY

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. We make no representations, warranties, or guarantees. You understand that results may vary from person to person. We assume no responsibility for errors or omissions that may appear on the Website.

NO WARRANTIES

The Website is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. We make no representations or warranties in relation to the Website or the information and materials provided therein.

We make no warranty the Website will meet your requirements; will be available uninterrupted, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. We are not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify, and hold the Website, its owners, members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which we suffer as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Disclaimer (including representation or warranty); or, (iii) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Disclaimer will be governed and construed in accordance with the laws of the State of Michigan. Any controversy or claim arising out of or relating to the Disclaimer, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction therein. The place of any such arbitration shall be in or near Midland County, Michigan. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Disclaimer is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Disclaimer is not assigned by you without our prior written consent; however, the Disclaimer may be assigned by us in our sole discretion.

All notices with respect to the Disclaimer must be in writing and made via email to colette@cmorrfitness.com for the Website and to your email address.

CERTIFICATIONS

Colette Morris is a certified personal trainer through the International Sports and Sciences Association (ISSA).

FITNESS INFORMATION DISCLAIMER

The Website may discuss topics related to health and fitness and may include information on exercise and workouts. The fitness information provided on the Website is for informational purposes only. Consult a physician or medical professional before beginning any fitness program. Any form of exercise poses inherent risk of injury and by voluntarily engaging in any exercise or workout presented on the Website, you assume the risk of any potential injury that may result.

NUTRITION DISCLAIMER

All information provided regarding nutrition on the Website is intended to be used for informational purposes only. Content related to nutrition is not medical advice nor is it intended to replace medical advice. The Website is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying your diet, or making changes to the diet of a child in your care, including following the nutrition information available on the Website, you should seek advice from a licensed professional.

We are not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available on the Website.

The Food and Drug Administration has not evaluated the statements contained in any information on the Website. Individual results may vary.

From time to time, the Website will publish content with recipes. All such recipes have been tried and used successfully, but results may vary from person to person. Consult your medical professional before using any recipe if you have concerns about how you may individually react to the use of any particular recipe or ingredient. By voluntarily creating and using any recipe provided here, you assume the risk of any potential injury that may result.

HOLISTIC HEALING INFORMATION DISCLAIMER

All information provided regarding holistic healing on the Website is intended to be used for informational purposes only. Content related to holistic healing is not medical advice nor is it intended to replace medical advice. The Website is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before implementing any information provided on the Website, you should seek advice from a licensed medical professional.

We are not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the holistic healing information available on the Website.

MEDICAL INFORMATION DISCLAIMER

From time to time, the Website may discuss topics related to health, fitness, nutrition, or medicine. This information is not advice and should not be treated as medical advice. The medical information provided on the Website is provided "as is" without any representations or warranties, express or implied.

You must not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website. All medical information on the Website is for informational purposes only.

CMORRFITNESS.COM ("Website") is governed by the following Privacy Policy.

We respect your privacy and are committed to protecting it. The purpose of this Privacy Policy is to inform you what personally identifiable information we may collect and how it may be used. This Privacy Policy applies to this Website.

INFORMATION WE COLLECT

The Website collects information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). The Website has collected the following categories of Personal Information from you:

Identifiers:

This category includes your: real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (“IP”) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.

The Website DOES collect information in this category.
The Website collects the following information in this category for the following reasons: To have an account and be able to access services through Cmorrfitness.

Personal Information as Described in California Customer Records Statute (CA Code 1798.80):

This includes your: name, signature, social security number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

The Website DOES collect information in this category.
The Website collects the following information in this category for the following reasons: Only your signature for contract purposes.

Protected Classification Characteristics (under California or federal law).

This includes: Age (over age 40), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental health disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, or genetic information.

The Website DOES collect information in this category.
The Website collects the following information in this category for the following reasons: Age, medical condition and disability for personal training purposes.

Commercial Information:

This includes records of personal property, products, or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

The Website DOES collect information in this category.
The Website collects the following information in this category for the following reasons: Keep track of the number of months we have been working together.

Inferences Drawn from Personal Information:

This includes inferences drawn from the Personal Information collected by the Website to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

The Website DOES collect information in this category.
The Website collects the following information in this category for the following reasons: To create profile for services.

HOW WE COLLECT INFORMATION ABOUT YOU

Information You Voluntarily Submit to the Website: We may collect personal information from you such as your name or email address, as described above. This information is all voluntarily submitted by you at the time the information is collected. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter, or submitting a contact form. In addition, we may ask you to create a user profile, which would allow you to create a username and password. We will store the username, but your password will not be visible in our records.

Information We Collect from Others: We may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.

Automatically-Collected Information: We automatically collect certain information about you and the device with which you access the Website. For example, when you use the Website, we will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. We may also collect information about actions you take when using the Website, such as links clicked.

Cookies: We may log information using cookies, which are small data files stored on your browser by the Website. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.

HOW YOUR INFORMATION MAY BE USED

We may use the information collected in the following ways:

· To operate and maintain the Website;

· To create your account, identify you as a user of the Website, and customize the Website for your account;

· To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;

· To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;

· To respond to your comments or inquiries;

· To market products through display or affiliate advertisements;

· To market to you on third-party platforms, such as Facebook;

· To provide you with user support;

· To track and measure advertising on the Website;

· To process payment for purchases you make through the Website; or,

· To protect, investigate, and deter against unauthorized or illegal activity.

THIRD-PARTY USE OF PERSONAL INFORMATION

We may share your information with third parties when you explicitly authorize us to share your information.

The companies listed below are “Service Providers,” which are defined as “a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that process information on behalf of a business and to which the business discloses a consumer’s personal information for a business purpose pursuant to a written contract, provided that the contract prohibits the entity receiving the information from retaining, using or disclosing the personal information for any purposes other than for the specific purpose of performing the services specified in the contract for the business” or “retaining, using, or disclosing the personal information for a commercial purpose other than providing the services specified in the contract with the business.”

The Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:

· Kartra/Stripe – this service is used to serve our ecommerce platform. If you purchase something from the Website, your Personal Information will be shared with this Service Provider. At no time is your banking information passed back from the payment processor to the Website. We receive only information used for order fulfillment.

· Gmail – this service is used for delivery of email updates and newsletters. We store your name and email address for purposes of delivering such communications. EMAIL SERVICE PROVIDER’S NAME will also track information regarding your interaction with our emails, such as whether they have been opened or you have clicked on a particular link.

· Calendly – this service is used to schedule appointments and may collect your contact information. We will store your contact information. If you elect for the scheduling software to place an appointment on your calendar, it may access that software; however, the scheduling software does not pass back any information to us about your calendar.

· Trainerize – this service is used to store your workouts, pictures, weight, etc. and may collect your contact information. We will store your contact information. If you elect for Trainerize to be added as an app to your device, it may access that software; however, Trainerize does not pass back any information to us.

At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Website’s sole discretion.

Except when required by law, we will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, we may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

WEBSITE ANALYTICS

This Website uses Google Analytics to analyze traffic to the Website. In order to track usage, Google Analytics places a cookie with a randomly generated Client ID on your browser. Google does use your personal information such as your IP address in order to capture reporting for the Website regarding usage. You may opt-out of Google Analytics through a Browser Add-on, which is available here.

ANONYMOUS DATA

From time to time, we may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.

PUBLICLY VISIBLE INFORMATION

If you create a user profile on the Website or leave a comment, certain information may be publicly visible.

The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize Website content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described herein.

Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.

ADVERTISING

Display Ads
We may use third-party advertising companies to serve content and advertisements when you visit the Website, which may use cookies or provide other personal information.

To opt out of display advertising, visit http://optout.networkadvertising.org/.

Retargeting Ads
From time to time, the Website may engage in remarketing efforts with third-party companies, such as Google, Pinterest, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone's past visits to the Website. This means, after visiting the Website, you may see an ad for our services. However, your personally identifiable information is not used by any remarketing service other than to present you offers from the Website. We use the following third-party service providers for remarketing:

Facebook: Opt-out of Facebook remarketing here
Google: Opt-out of Google remarketing here
Pinterest: Opt-out of Pinterest remarketing here

Sponsored Content Tracking Pixels

This Website may engage in sponsored campaigns with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC's requirements. From time to time, these sponsored campaigns utilize tracking pixels (aka web beacons), which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. No personally identifiable information collected by the Website is used in conjunction with these tracking pixels.

Affiliate Program Participation

The Website may engage in affiliate marketing, which is done by embedding tracking links into the Website. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.

Newsletters

On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you open an email and which links within the email you click. Also, this allows the Website to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.

SENSITIVE PERSONAL INFORMATION

At no time should you submit sensitive personal information to the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.

CHILDREN'S INFORMATION

The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at Colette@cmorrfitness.com and we will use our best efforts to promptly remove such information from our records.

GDPR - RIGHTS RELATED TO YOUR PERSONAL INFORMATION

If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation (“GDPR”). Throughout this policy, we have disclosed what information we collect and how it is used. Under GDPR, you also have the following rights:

Right to Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also contact us at the email below to be removed from our mailing list.

Right to Access – You may access the personal information we have about you by submitting a request.

Right to Amend – You may contact us to amend or update your personal information.

Right to Be Forgotten – In certain situations, you may request that we erase or forget your personal data.

You may exercise any of these rights by emailing Colette@cmorrfitness.com.

Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law. Unless you exercise such rights, we reserve the right to retain your data.

CONTACT INFORMATION

At any time, please contact us at Colette@cmorrfitness.com for questions related to this Privacy Policy.

The following terms ("Terms of Use") constitute an agreement between Cmorrfitness, LLC / Colette Morris ("Company"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company ("Website"), located at Cmorrfitness.com.

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

YOUR RESPONSIBILITY IN USING THE WEBSITE

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Website.

USE OF THE WEBSITE

Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:

Republication, redistribution, sale, rental, or sub-licensing of content from the Website;
Reproduction or duplication of any content on the Website for commercial purposes;
Modification of any content on the Website;

You are prohibited from sharing any content from the Website on any other channels.

PROHIBITED USES OF THE WEBSITE

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Company's express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments.

You must not use the Website for any third-party marketing without Company's express written permission.

Unless otherwise noted, the design, content, and all components of the Website are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS

Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.

From time to time, the Website will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.

CONTENT CONTRIBUTED TO THE WEBSITE
In limited circumstances, you may contribute content to the Website, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.

Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company's servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company's rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

GRANT OF RIGHTS

You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.

COMMENT POLICY

The Website offers the option for you to leave comments, engaging with the Website's posts. The following types of comments will not be tolerated and will be deleted:

harassment directed toward any content creator or Company;
spam;
hate speech;
defamatory statements regarding Company or any third party;
references to illegal acts; or,
comments that may violate the legal rights of a third party.

Company's sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

AFFILIATE MARKETING

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

FTC DISCLOSURE

From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placement. Pursuant to the FTC's requirements, all such advertisements on the Website are clearly and conspicuously disclosed.

Even though compensation (e.g., cash, free product, or services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

TAKEDOWN REQUESTS

From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to Colette@cmorrfitness.com and we will remove the image within 2 to 5 business days.

COMMUNICATION

If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

THIRD PARTIES

The Website may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relate to your use of the Website. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.

NO WARRANTIES

The Website is provided on an "as is" and "as available" basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Website or the information and materials provided therein.

Company makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.

PAYMENT DISCLAIMER

You agree to pay monthly or in a bundle of 3 months of the selected payment plan. You understand there is a 3-month initial sign on commitment. You agree make Colette aware at least a month in advance if you plan on discontinuing services.

LIMITATION OF LIABILITY

COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Michigan. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Midland County, Michigan. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without Company's prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion.

The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Company.

All notices with respect to the Terms of Use must be in writing and may be via email to Colette@cmorrfitness.com for Company and to your email address.

Thank you for your loyalty!