By accessing and using any website, mobile application, scheduling services, and/or other services (collectively, “Services”) which are or may be provided by Rise by Courtney, LLC d/b/a Pretty in Pink Fitness (“us,” “we,” “our”), you (“you,” “your,” “user”) expressly agree to the terms and conditions of these Terms of Service (these “Terms” or “Agreement”), which are a material prerequisite to our provision of Services to you. We may modify these Terms of Service at any time without notice to you.

Any material or conduct that in our judgment violates these Terms in any manner may result in suspension or termination of the Services, in our sole discretion.

Services provided by Rise by Courtney, LLC d/b/a Pretty in Pink Fitness may include physical training, fitness consulting, nutritional information, and/or similar fitness or nutritional coaching, as well as social interaction opportunities and other incidental services relating to the same. Services may be provided online via our website or third-party websites, in person, via mobile application, any other format, or any combination of the foregoing. We reserve the right to modify or discontinue any or all of the Services at any time.

Services may only be used for lawful purposes and only by persons at least 18 years of age. Do not use or access our Services or provide us with any information about yourself if you are under 18 years of age.

Business Contact Information

Rise by Courtney, LLC d/b/a Moms Get Fit and Pretty in Pink Fitness
216 SR-436, Casselberry, FL 32707
Email: courtney@prettyinpinkfitness.com
Website: www.prettyinpinkfitness.com

I. YOUR PERSONAL INFORMATION

In order to use the Services, you may be required to establish an account or login credentials, or otherwise provide certain personal information (or personal information of your company representative), which may include full name, title, age, date of birth, username, password, company name if applicable, address, phone number, email address, and computer IP address. Payments will require disclosing credit card numbers or similar information, which will only be used for legitimate business purposes in connection with providing the Services. The use of your personal information shall be further governed by our separate Privacy Policy, incorporated into these Terms by reference.

II. PAYMENT FOR SERVICES

You will need to provide credit/debit card information to purchase Services. Monthly or subscription Services will automatically renew, in advance, on a monthly basis from the date you register, unless or until you cancel. If your credit/debit card is declined, your access to the Services may be suspended until a valid form of payment is provided.

III. CANCELLATION; TERMINATION; SUSPENSION; REFUNDS

You can cancel and close your account at any time by contacting courtney@prettyinpinkfitness.com, or in the app for app Services. You may use up any remaining sessions on your account for up to 6 months, with no additional payments, but no refunds will be issued for unused sessions or unused Services. There are no refunds except within 3 days of initial registration, provided no Services have been utilized, and further provided that since the training app is third-party serviced, refunds are additionally subject to the app servicer’s terms of service. Be sure to add courtney@prettyinpinkfitness.com to your email “safe list” and check your junk mail folder.

We may suspend or terminate your membership, subscription, and/or access to the Services for failure of payment or violation of any of these Terms of Services, in our sole discretion. We may refuse service for any legal reason, or no reason.

IV. ONLINE AND SOCIAL INTERACTIONS

In our sole discretion, we may from time to time provide online or in-person social opportunities for you and other members/participants of the Services. In addition to any terms of service of the platform provider (for example, Facebook or other platforms), the following terms shall govern your participation in social opportunities, whether online, in person, or otherwise:

a. Any posts, comments, uploads, or other content you provide (“Content”) is voluntary and may be permanently visible to others. We are not responsible for others copying, screenshotting, or redistributing your Content.
b. You are solely responsible for your Content. You may not provide content that is fraudulent, harassing, threatening, hateful, pornographic, abusive, or illegal.
c. We are not responsible for Content provided by others, and while we make reasonable efforts to moderate inappropriate Content, all determinations of appropriateness are in our discretion.
d. You grant us a perpetual, non-exclusive, world-wide, royalty-free, sublicensable, and transferable license in and to all intellectual property contained in your Content for business purposes.
e. We may provide links to third-party websites. We are not responsible for their content, policies, or actions.
f. You may not alter, hack, reverse engineer, or interfere with any portion of our website, app, or services.
g. You may not use automated systems (“robots,” “spiders,” etc.) to access our Services.
h. You may not collect or attempt to collect personal information of other users.
i. You may not solicit other users for commercial purposes.

V. LEGAL COMPLIANCE

You are solely responsible for complying with all applicable laws and regulations while using our Services. You may not use our Services for fraudulent, illegal, or harassing activities, nor submit or distribute illegal, harassing, or infringing content.

VI. INTELLECTUAL PROPERTY

Rise by Courtney, LLC d/b/a Pretty in Pink Fitness owns all rights, title, and interest in and to the Services, including all associated intellectual property, branding, and content. You may not copy, reproduce, modify, or distribute any of our intellectual property without our written permission.

VII. NON-COMPETITION; NON-SOLICITATION; NON-DISPARAGEMENT

You agree not to use the Services for unfair or illegal competition. You shall not solicit our clients, employees, or vendors, nor disparage Rise by Courtney, LLC, its affiliates, or representatives in any manner.

VIII. NO WARRANTIES

The Services are provided “as-is” and “as available” without warranties of any kind, express or implied. We make no guarantees about the safety, accuracy, or availability of our Services.

IX. RELEASE OF LIABILITY

You acknowledge that all physical activity carries risk, and participation in the Services is voluntary and at your own risk. Rise by Courtney, LLC d/b/a Pretty in Pink Fitness and its affiliates are not liable for injury, illness, or death arising from participation in physical activities or use of the Services.

You understand that nothing in our Services constitutes medical advice, and you should consult a licensed medical professional for all health-related questions.

X. INDEMNIFICATION

You agree to indemnify and hold harmless Rise by Courtney, LLC d/b/a Pretty in Pink Fitness and its representatives from any claims, losses, or damages arising from your use of the Services, breach of this Agreement, or violation of any law or third-party rights.

XI. LOCATION OF SERVICES

The Services are controlled and offered in the United States of America. Those who access or use the Services from other jurisdictions do so at their own risk and are responsible for compliance with local laws.

XII. FURTHER ASSURANCES

You agree to provide or sign any documents necessary to effect or perfect the terms and intent of this Agreement as required by law.

XIII. SEVERABILITY

If any term or provision of this Agreement is found unenforceable, the remainder shall remain in full force and effect.

XIV. GOVERNING LAW; JURISDICTION; VENUE

This Agreement shall be governed by and interpreted under the laws of the State of Florida. Venue and jurisdiction shall lie in Seminole County, Florida.

XV. BINDING ARBITRATION

Any unresolved dispute arising out of this Agreement shall be submitted to binding arbitration in Seminole County, Florida, under the rules of the American Arbitration Association.

XVI. WAIVER OF JURY TRIAL

Each party knowingly and voluntarily waives the right to a trial by jury for any dispute arising out of or relating to this Agreement.

XVII. LIMITATION ON ACTION

Any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues or it is permanently barred.

XVIII. ATTORNEY’S FEES

In the event of any dispute, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs, including those incurred in determining entitlement and amount.

XIX. ASSIGNMENT

The Services are personal to the user and may not be assigned. We may assign the Services or this Agreement without notice.

XX. WAIVER

Any waiver by us of a breach of any provision shall not be construed as a waiver of any subsequent breach.

XXI. ELECTRONIC SIGNATURES

This Agreement may be executed online or electronically and is legally valid under the U.S. federal E-SIGN Act of 2000.

By signing below, and/or accessing, proceeding with, or accepting any of our Services, you acknowledge and agree that you have read, understand, and agree to this Release of Liability, which is a part of and incorporated into our Terms of Service.