1. Your Acceptance of Terms of Use

These terms and conditions of use (“Terms of Use”) set forth the legally binding terms for your use of www.aaronfitcoaching.com.  By using and/or visiting this web sites (the “Web site”), you signify your agreement to these Terms of Use and any other legal notices or guidelines located within the Web site.  If you do not agree to any of the terms and conditions of these Terms of Use or other notices or guidelines, please do not use the Web site and exit now.  In order to become a registered member of the Web site, communicate with other registered members, and make use of certain Empower Performance services or features, you must read these Terms of Use and indicate your acceptance of them.

Throughout these Terms of Use, the words “we,” “us,” “our,” and “Aaron” refer to Empower Performance Inc.

2. Important Legal Information Regarding Privacy

You agree that you have read, understood and accept our Privacy Policy .  The Privacy Policy explains our collection of personal and non-personal information from you when using the Web site and our use and sharing of such personal and non-personal information.

3. Modification to These Terms of Use and Our Web site

We may add to, update, delete from or modify the Web site at any time in our sole discretion. We reserve the right, at any time and in our sole discretion, to change the Terms of Use.  We may post or display notices of changes to the Terms of Use on the Web site.  Once posted, these changes to the Terms of Use become effective immediately.  If any change that we make is not acceptable to you, promptly stop using the Web site.  Any use by you of the Web site after any changes to our Terms of Use become effective will signify your agreement to be bound by those changes.  You should check back regularly and review these Terms of Use so that you are aware of the most current rights and obligations which apply to your agreement with us.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits to you.

4. AAronFitCoaching.com Web site

A. These Terms of Use apply to all users of the Web site, including users who are also registered members.  The Web site Content (defined below) is provided as a courtesy to our users and is intended for personal, informational, educational and non-commercial purposes only.

B. The Web site may contain links to other third-party web sites that are not owned or controlled by us.  We have no control over, and assume no responsibility for, the products, services, content, privacy policies or practices of any institutional or third-party web site.  In addition, we are unable and unwilling to censor or edit the content of any third-party web site.  We are not involved in any transactions between you and any third party whose products and/or services are listed on the Web site.  By using the Web site, you expressly relieve us from any and all liability arising from your use of any linked third-party web site.  Accordingly, we encourage you to be aware when you leave our Web site and to read the terms and conditions and privacy policy of each web site that you visit.  If you decide to access any other web sites linked to our Web site, you do so entirely at your own risk.  Any questions, complaints, or claims related to any product or service provided by a third party on the Web site should be directed to the applicable third party.

C. We encourage you to carefully choose the information you submit, post, or provide to others using the Web site or Web site features (e.g., comments, postings, etc.).  Any conversations or information you have or share with others using features that are available on the Web site and any User Submissions (defined below) may be accessible and viewable by all other users or by other members of the Web site.  We do not control, or have any knowledge of the content of any communication(s) spread by the use or functions of the Web site, such as the posting of User Submissions. The content of the communication is entirely the responsibility of the person from whom such content originated.

D. We reserve the right to remove, edit or reject any User Submissions (defined below) at any time, in our sole discretion.  Furthermore, we may restrict, suspend or terminate any user’s access to all or any part of the Web site or its features at any time, for any or no reason, with our without notice and with no liability to us whatsoever.

5. Web site Access

A. We hereby grant you a limited, personal, non-exclusive, fully revocable license to use and access the Web site and its features as set forth in these Terms of Use, provided that: (i) you will not distribute any part of the Web site (other than User Submissions owned by you) in any medium without our prior written authorization; (ii) you will not alter, disassemble, decompile, reverse engineer or otherwise modify any part of the Web site other than as may be reasonably necessary to use the Web site for its intended purpose; and (iii) you will otherwise comply with these Terms of Use.  You agree not to delete, change or modify in any way the copyright notices or trademarks contained on the Web site.

B. You agree that you will not use the Web site and the services and features offered through the Web site (i) in connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes, without our prior written consent, (ii) to promote information that you know is false or misleading or to promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (iii) to further or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets, (iv) to solicit personally identifiable information for commercial or unlawful purposes, (v) to advertise to, solicit, or sell to any person without their prior explicit consent, (vi) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations.  In order to protect third parties and other users from such prohibited conduct, we reserve the right to restrict, in our sole discretion, communications which a user may send through the Web site.

6. Intellectual Property Rights

The content on the Web site, except all User Submissions (“Web site Content”) is owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  This content may not be used in connection with any product or service in any manner without our prior written consent.  You in no way will obtain any ownership interest in the Web site Content, trademarks or service marks contained on this Web site.  Web site Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner.  We reserve all rights not expressly granted in and to the Web site and the Web site Content.  You agree to not engage in the use, copying, or distribution of any of the Web site Content other than as expressly permitted herein or as reasonably necessary to use the Web site for its intended purpose.  You agree not to circumvent, disable or otherwise interfere with security related features of the Web site or features that prevent or restrict use or copying of any Web site Content or User Submissions or enforce limitations on use of the Web site or the Web site Content and User Submissions.

7. User Submissions

A. The Web site may permit the submission of certain user-generated text, information, data, audio, photographs, files or other content to the Web site (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions.  User Submissions may be used, distributed and published by us and viewed by both us and general users of the Web site.  You understand that we do not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of submitting, posting or publishing them.  In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use, and authorize us to use, all copyrights, trademarks, trade secrets, patents or any other proprietary or personal rights in and to your User Submissions, and to enable inclusion and use of such User Submissions in the manner contemplated by the Web site and these Terms of Use; (ii) submitting, posting or publishing your User Submission on or through the Web site does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release, and/or permission of each and every identifiable person or organization in your User Submission to use the name or likeness of each and every such identifiable person or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Web site and these Terms of Use.  You further affirm, represent and warrant that your User Submissions are not defamatory or libelous in any manner whatsoever.

C. You will retain all ownership rights in your User Submissions, and we will not use, reproduce, publish, distribute or display User Submissions owned by you and stored on our Web site for our commercial, marketing or any similar purpose, without your consent. By submitting a User Submission to us and permitting it to be viewed, posted or published on our Web site, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable and transferable license, to use, post and store your User Submissions on our Web site and servers, and to publish, distribute and display such User Submission in connection with the Web site and our business, including without limitation the right to distribute such User Submissions to other users and third parties.  You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.

D. In connection with any User Submissions, you further agree that you will not: (i) submit or publish falsehoods, misrepresentations or statements that could damage us or any third party; (ii) submit material that is false, misleading, inaccurate, derogatory, unlawful, obscene, defamatory, contains nudity, libelous, threatening, sexually explicit or pornographic, harassing, hateful, intimidating, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense of any federal, state or local law, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or business solicitations, including any “junk mail” or “spam”; (iv) impersonate another person, institution or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third party, organization, institution or person; (v) upload, post, store or otherwise make available any virus, bug, Trojan horse or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of the Web site or any server, computer hardware, software or equipment.  We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein.  We reserve the right to remove Web site Content and User Submissions without prior notice.  We also reserve the right to decide whether Web site Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, trademark infringement, violations of rights of publicity or privacy, obscene or defamatory material, or excessive length.  We may remove such User Submissions and/or terminate a user’s access for accessing or distributing such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.

E. You understand that when using the Web site, you will be exposed to User Submissions and third party information from a variety of sources and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions and third party information.  You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.

8. Digital Millennium Copyright Act 

A. Notification.If you are a copyright owner or an agent thereof and believe that any User Submission or other Web site Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Web site; (iii) a description of the location on the Web site of the allegedly infringing material(s); (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Empower Performance’s designated Copyright Agent for notice of claims of infringement is:

Aaron Schultz
6909 W Ray Rd
Unit 6

Chandler, AZ 85226

E-mail: aaronschultzfit@gmail.com

C. In accordance with the DMCA and other applicable law, we shall, in appropriate circumstances, terminate or block access to, at our sole discretion, of any user that we find to be a repeat infringer of others copyrights.  We may also, in our sole discretion, limit or fully block access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.

9. Member Disputes

You are solely responsible for your interactions with other users of the Web site and any disputes that may arise.

10. Warranty Disclaimer

You agree that your use of the Web site shall be at your sole risk.  The Web site, the Web site Content, User Submissions and any services made available on the Web site are provided on an “as is” and “as available” basis.  We do not make and disclaim any and all express and implied warranties and representations, including but not limited to any implied warranty of merchantability, title, non-infringement, and/or fitness for a particular purpose, with regard to the Web site, the Web site Content, User Submissions or any advice or services provided through the Web site, to the fullest extent permitted by law.  Without limiting the foregoing, we do not represent or warrant that: (i) the Web site will be accurate, reliable, uninterrupted, secure or error-free; (ii) defects in the Web site will be corrected; or (iii) the Web site or the server that makes it available are free of viruses or other harmful components.  We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any institution or third party through the Web site or any hyperlinked web site.

11. Limitation of Liability. 

In no event shall we, or our directors, employees, affiliates, subsidiaries, agents and other partners be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for: (i) any indirect, special, incidental or consequential damages that may be incurred by you; (ii) any loss of data, income, business or profits (whether direct or indirect) that may be incurred by you; and (iii) any claim, damage, or loss which may be incurred by you as a result of (a) the availability of Web site and/or any other third-party web sites, (b) any reliance placed by you on any advertising, products, services or other content or materials on, or available from, the Web site or any third-party web site; or (iii) any of your transactions with third parties or other users.  The limitations on our liability to you above shall apply whether or not we have been advised of the possibility of such losses or damages arising.  The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that we shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

12. Indemnity

You agree to indemnify and hold harmless us, our, employees, agents, affiliates and other partners, from and against any claims, actions, demands, liabilities or settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your conduct using the Web site, your use of the products or services available through the Web Site, violation of these Terms of Use, or your violation any other legal notices or guidelines

13. Ability to Accept Terms of Use

You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  The aaronfitcoachingcom Web site is not intended for children under the age of thirteen (13).  If you are under 13 years of age, then please do not use the Web site and exit now.

14. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

15. Governing Law, Location, Entire Agreement

These Terms of Use shall be governed by the laws of Arizona and the applicable federal laws of the United States of America.  All disputes arising under, or in any way connected with the use of the Web site, or the use of the products and services available through this Web Site, shall be litigated exclusively in the state and federal courts residing in Arizona, and in no other court or jurisdiction.  You hereby submit to the jurisdiction of the state and federal courts sitting in Arizona.

16. Invalidity; Waiver

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

17. Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing our Web site for any reason or for no reason whatsoever including improper use of this Web site or failure to comply with these Terms of Use or any other notices or guidelines, and to take any other action we deem appropriate.

18. User Suggestions

 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to us are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions.  We shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

19. Questions; Comments

 If you have any questions or comments on this Web site or become aware of misuse of the Web site by any person, please contact us at aaronschultzfit@gmail.com

 20. Effective Date

 These Terms of Use are effective as of October 1, 2020.