USE, COPYRIGHT, PRIVACY POLICY AND DISCLAIMER
Please read this page in full, seriously.
When you purchased a Course from me, you agreed and continue to agree to abide by these Terms as well as any disclaimers and privacy disclosures contained in these Terms. You agree you are at least 18 years old or of legal age in your applicable jurisdiction to access the Course. Access of our Course(s) and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.
License(s)
Limited License. Subject to and in accordance with these Terms and other guidelines or instructions we include in the Course, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Course, including any courses purchased by you. Your purchase of any Course only entitles you to view that Course in accordance with the foregoing License, and unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Course(s). You may, however, from time to time, download and/or print one copy of the individual pages of the Course for your individual use, provided that you keep intact all copyright and other proprietary notices.
The License is for individual use. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void. You may not purchase a course or the teacher training as a studio owner and share it with other teachers- please contact us for special pricing on groups.
We reserve the right to terminate your access to the Course at any time if we find that you have violated these Terms. We will make every attempt to notify you of any violation of these Terms and give you an opportunity to remedy the violation. However, if you fail to remedy the violation or continue to Violate the Terms, we will terminate your access to the Course with no refund of fees.
Fees and Refunds
Fees. Fees for Courses are set forth on the Website. We reserve the right to change Course Fees at any time.
Refunds. We want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the strategies in the Course. We offer a 15-day refund period for purchases of Courses. However, in order to qualify for a refund you must submit proof (as detailed below) that you did the work in the course and it did not work for you.
In the event that you decide your purchase was not the right decision for you or your business, within 15 days of enrollment, contact our support team at contact@xenstrength.com and let us know you’d like a refund by the 15th day at 11:59 CST. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 15th day, you will not be granted a refund. All refunds are discretionary as determined by Xen Strength LLC.
The work that you need to submit with your request for a refund includes ALL of the following items:
Proof of completed course work, completed class plans, goals, video of you teaching, etc.
We will NOT provide refunds more than 15 days following the date of purchase. After day 15, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
Recurring Payments. If you have signed up for a payment plan, you hereby authorize our continued access to your financial information stored by our third party financial processing company referenced in this Agreement until your payment plan is complete, as set forth in your acceptance of the purchase terms upon checkout.
Late Payments. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater. Chargebacks. You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all of our bonuses, affiliate bonuses or other materials afforded to you in exchange for your original purchase of our Course. We reserve the right to present proof of your access and these Terms to the financial institution investigating the dispute.
Termination
You have the unilateral right to terminate your use and access to any of our Course(s). Please send an email to contact@xenstrength.com to initiate this process. Termination will not excuse you of further payment. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and you agree to be responsible for any additional charges, fees or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
Intellectual Property
All images, text, designs, graphics, page layout, icons, videos, logos, taglines, trademarks and service marks are owned by and the property of Xen Strength LLC or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on provided in the Course is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
You may:
Access the Course for your individual use (if additional members of your team need to access the Course, you must purchase additional Courses at one per each team member);
Download and/or print any Course materials for your individual use in your business (if additional members of your team need to download and/or print any materials from the Course, you must purchase additional Courses at one per each team member);
Use our trademarks and copyrighted materials with our prior written consent and proper credit and marking, namely, citing Xen Strength LLC as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.
You may not:
Re-sell or trade your access to the Course;
Share the Course with anyone else who has not yet purchased it or opted to receive it;
Reprint any portion of the Course, except as set forth above and for your own individual use;
Republish any of the Course, in part or in whole;
Distribute any of the materials contained in the Course or related materials and/or communications as your own;
Reproduce and alter any part or whole of the Course for distribution as your own work;
Claim ownership or use over any of our intellectual property without our prior written consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Course (and its related communications and materials);
Use our Course or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
Request for Permission to Use Content. If you wish to use, publish or refer to any of our content, Course(s) or related materials, you must do so by requesting permission prior to commencing use of the same by email us at Contact@xenstrength.com. Permission is not granted until you receive such permission in writing.
Civil and Criminal Penalties. Even though our Courses are not physical property, you can be charged with theft or other face civil or criminal penalties if you copy, steal, infringe or otherwise violate these Terms. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Wisconsin by opting into or purchasing any Course or accessing its related communications and/or materials.
Your Materials and Contributions. By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by us, including but not limited to the online software platforms that we use to distribute our Course and related materials, you agree that we have a non-revocable, commercial license to republish your submission in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy by accessing our Course(s) or related materials, and we reserve the right to disclose your participation in the same.
Security and Assumption of Risk
Security. It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Paypal. By utilizing these payment processors to gain access to the Course, you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.
Confidentiality. You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
Assumption of Risk. By accessing our Course(s) and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you.
Disclaimers
General Disclaimer. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Course(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if we are, during the terms of this Course and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of this Course. This Course is for educational and entertainment purposes only. None of the Course or its related material(s) should be construed as medical, legal, financial advice.
Earnings Disclaimer. While we may reference certain results, outcomes or situations on this website or its related communications, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements. You agree that you understand that individual outcomes will vary. We cannot guarantee your success merely upon access, purchase or completion of of our Course(s). Any results you see on are not guaranteed or typical.
Third Party Disclaimer. You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any participant or user of our Course(s), including you.
Technology Disclaimer. We make reasonable efforts to provide you with modern, reliable technology, software and platforms from which to access our Course(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technical issues are far outside our control and will require you to access support from a third party provider, such as WordPress, where We host our courses.
Indemnification, Limitation of Liability and Release of Claims
Indemnification. You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Course(s).
Limitation of Liability. Xen Strength LLC and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use of data or other intangible losses, resulting from or incurred in connection with your use of our Course(s). We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of your access of our Course(s) and related material(s).
Dispute Resolution. You agree to notify the Company of any concerns or issues regarding the Course, and to give the Company an opportunity to resolve those concerns or issues. If you and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. If a civil cause of actions is filed by or against the Company related to the Course(s), the laws of New Jersey shall apply.
DISCLAIMER: I’m sure you already know this, but legally I need to tell you that any advice on this site is not meant to take the place of medical advice. Although I know a heck of a lot about getting healthy, I’m not a doc, nor do I play one on TV. Please consult a real doctor before doing my videos, eating what I recommend or ditching your toxic lifestyle, to make sure it’s a good fit for your current physical and mental health situation. By cruising my site, you acknowledge that Xen Strength LLC is not responsible for any illness or injury you incur due to not taking the proper precautions.
TYPES OF DATA COLLECTED
Among the types of Personal Data that this Website collects, by itself or through third parties, there are: Cookies, Usage Data, address, country, state, email address, ZIP/Postal code, various types of Data, when you buy a product.
Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Website.
Unless specified otherwise, all Data requested by this Website is mandatory and failure to provide this Data may make it impossible for this Website to provide its services. In cases where this Website specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Any use of Cookies – or of other tracking tools – by this Website or by the owners of third-party services used by this Website serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.
Users are responsible for any third-party Personal Data obtained, published or shared through this Website and confirm that they have the third party's consent to provide the Data to the Owner.
MODE AND PLACE OF PROCESSING THE DATA
METHODS OF PROCESSING
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT-enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
LEGAL BASIS OF PROCESSING
The Owner may process Personal Data relating to Users if one of the following applies:
- Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
- provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
- processing is necessary for compliance with a legal obligation to which the Owner is subject;
- processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
- processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
PLACE
The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.
Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.
RETENTION TIME
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
Therefore:
- Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
- Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
THE PURPOSES OF PROCESSING
The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Analytics, Handling payments, Contacting the User, Managing contacts and sending messages, Interaction with data collection platforms and other third parties, Content commenting, Hosting and backend infrastructure, Commercial affiliation and Infrastructure monitoring.