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Terms of Service and Conditions

1. Terms of Use

Please read these Terms of Use (“Site Terms”) carefully before you start to use any of the products, services, content, and applications made available by or through kerriverna.com (collectively “Our Website”). By using Our Website, you accept and agree to be bound and abide by these Site Terms and by Our Privacy Policy, which is incorporated by reference into these Site Terms. Users registering for the Services and uploading User-Generated Content must be at least eighteen (18) years of age. By accessing or using Our Website, you represent and warrant that you are of legal age to form a binding contract with Us. You must not access or use Our Website if you do not meet this requirement.

2. Acceptance of Terms

HEYlifetraining, LLC, and Heike Yates (further referred to as HEY) shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.

3. Changes of Terms

HEY shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.

4. User Information

If you register for the Services, you will be asked to provide certain information, including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up-to-date.

Your privacy rights are set forth in our Privacy Policy located at Heike Yates, LLC.
HEY reserves the right to offer you HEY or third-party services and products based on the preferences you identify in your registration and at any time thereafter unless you opt out of receiving third-party services and products. Our Website is governed by Our Privacy Policy, and you consent to all actions we take with respect to your information consistent with Our Privacy Policy.

5. Use of Service

The Services are offered only for video streaming and related materials and are only a conduit for video streaming and related materials.
Each user is solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs.

HEY grants you a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes. This includes the right to view content on HEY’s website and applications.
If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged to your credit card. Each user agrees to maintain valid credit card information as part of their account information when applicable.

6. Access to Services – Subscription and Purchases

The Services may allow you to access digital content on a pay-per-view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Services will be indicated on the product detail page for which you may purchase the digital content. Subject to your payment of any applicable fees, purchases, subscriptions, rent, or pay-per-view, HEY grants you a non-exclusive, non-transferable, personal, non-sublicensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you.

HEY makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content have many different variables, including your connection speed, location, download speeds, devices, player, and bandwidth.

7. Payment and Billing

The digital content available under specific payment plans, including pay-per-view, subscription, membership, or rent, will change from time to time at the sole discretion of HEY. HEY makes no guarantee as to the availability of a specific payment plan.
By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the Payment Method you designate. You can update or change this information at any time by logging into your video library and clicking the settings tab under the username.
Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your payment plan according to the terms of that specific plan before the next charge to avoid billing.

7. Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HEY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
HEY DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, HEY IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.
HEY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR USER GENERATED CONTENT OFFERED, OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.
THE TRANSMISSION OF DATA OR INFORMATION, INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, IS NOT SECURE AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION, OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, HEY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE, OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON HEY’s PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.
HEY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE USER UNDERSTANDS AND AGREES THAT NEITHER HEY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS, OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERVICES OR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
HEY IS NOT RESPONSIBLE FOR DELETION, LOSS OF FILES, OR INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.

8. Indemnification

USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HEY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT, OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.

9. Communications

By using the Services, you consent to receive electronic communications from HEY. These communications will include emails about account, password, access, marketing, transactional and other information related to the Services and to your account.

10. Disclaimer

The information on this Web site is designed for educational purposes only. Before starting any new diet and exercise program, please check with your doctor and clear any exercise and/or diet changes with them before beginning. Information on this website is not intended to be a substitute for informed medical advice or care. You should not use this information to diagnose or treat any health problems. Please consult a doctor with any questions or concerns regarding your condition before starting with HEY.

11. Cancellation

You may cancel your SPARK MEMBERSHIP at any time and will continue to have access to the SPARK MEMBERSHIP service through the end of your Month or Year billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH, PARTIAL-QUARTER, OR PARTIAL-ANNUAL MEMBERSHIP PERIODS OR UNWATCHED SPARK CONTENT.

Once the course is purchased, there is NO Refund for THE FASTED + FIT OVER 50, ANDBELLY BLISS COURSE. You’ll have access to the course for 365 days from the date of purchase. All printable materials are yours to keep forever once you download them to your computer.

12. Cancellation Policy for in-studio clients

Prior to starting your online nutrition and/or training program, check with your doctor for any underlying medical conditions. The information on this website is not intended to be a substitute for informed medical advice or care. Do not use this information to diagnose or treat any health problems. Please consult a doctor with any questions or concerns you might have regarding starting to work with HEYlifetraining Fitness and Wellness.

Payment is held as a retainer for monthly services. This payment is due when services are activated. Payment is due on the 1st of the month and considered late by the 5th of the month. NO invoices will be sent, and it is your responsibility to remember payment. Cancellation Policy: Your training plan can be canceled anytime.

If you need to cancel or reschedule your in-person session, please notify us at least 24 hours in advance to be free from payment responsibility. You will be charged full price if you cancel an appointment with less than 24-hour notice. If you do not show up for your appointment, you will be charged full price. Thank you for respecting our time as much as we respect yours.

The 24-hour policy does NOT apply in inclement weather. If you feel it is not safe for you to travel to our studio due to weather-related dangers, please notify us as early as possible. No fee will apply.

All content on this website is (c) Heike Yates, HEYlifetraining, 2016.