Last Updated May 2022
At Powerfully Fit, we are committed to safeguarding and preserving the privacy of our visitors.
This Policy explains what happens to any personal data that you provide to us, or that we collect from you whilst you visit our site and how we use cookies on this website.
We do update this Policy from time to time so please do review this Policy regularly.
Information That We Collect
In running and maintaining our website we may collect and process the following data about you:
– Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.
– Information provided voluntarily by you. For example, when you register for information or make a purchase.
– Information that you provide when you communicate with us by any means.
Use of Cookies
Cookies provide information regarding the computer used by a visitor. We may use cookies where appropriate to gather information about your computer in order to assist us in improving our website.
We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally; it is statistical data which does not identify any personal details whatsoever.
Our advertisers may also use cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on our website.
You can adjust the settings on your computer to decline any cookies if you wish. This can be done within the “settings” section of your computer. For more information, please read the advice at AboutCookies.org.
Use of Your Information
We use the information that we collect from you to provide our services to you. In addition to this we may use the information for one or more of the following purposes:
– To provide information to you that you request from us relating to our products or services.
– To provide information to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information.
– To inform you of any changes to our website, services or goods and products.
If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in.
We never give your details to third parties to use your data to enable them to provide you with information regarding unrelated goods or services.
Storing Your Personal Data
In operating our website, it may become necessary to transfer data that we collect from you to locations outside of the United States for processing and storing. By providing your personal data to us, you agree to this transfer, storing and processing. We do our utmost to ensure that all reasonable steps are taken to make sure that your data is stored securely.
Unfortunately, the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, sending such information is entirely at your own risk.
Disclosing Your Information
We will not disclose your personal information to any other party other than in accordance with this Privacy Policy and in the circumstances detailed below:
In the event that we sell any or all of our business to the buyer.
Where we are legally required by law to disclose your personal information.
To further fraud protection and reduce the risk of fraud.
Third Party Links
On occasion we include links to third parties on this website. Where we provide a link it does not mean that we endorse or approve that site’s policy towards visitor privacy. You should review their privacy policy before sending them any personal data.
Services Agreement
This Services Agreement is made effective as of January 01, 2021, by and between client & Powerfully Fit LLC of **** N 7*th Pl, Scottsdale, Arizona 85258.
DESCRIPTION OF SERVICES.
Beginning on January 01, 2021, Powerfully Fit shall assume and discharge all product distribution fulfillment responsibilities for 1-1 health coaching.
PAYMENT.
Powerfully Fit shall be entitled to payment in an amount specified by Powerfully Fit LLC. Products distributed by Powerfully Fit, which amount may be retained upon receipt of purchase, with no offset or reduction for returns or uncollected receivables. The balance of the money received by Powerfully Fit from sales of eGuides & Programming shall be paid by client.
ACCOUNTS.
Powerfully Fit LLC shall maintain accounts and records of the sale in such form and detail as to enable Powerfully Fit LLC & “Client” to verify the accuracy of the product sales and payments made by Powerfully Fit under the previous Payment section.
TERM.
This Agreement will terminate automatically upon completion by Powerfully Fit LLC of the Services required by this Agreement.
WORK PRODUCT OWNERSHIP.
Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Powerfully Fit LLC Training in connection with the Services will be the exclusive property of Powerfully Fit LLC Training. Upon request, “Client” will execute all documents necessary to confirm or perfect the exclusive ownership of Powerfully Fit LLC Training to the Work Product.
CONFIDENTIALITY.
Powerfully Fit LLC Training, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Powerfully Fit LLC Training, or divulge, disclose, or communicate in any manner, any information that is proprietary to “Client”. Powerfully Fit LLC Training and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement.
RELATIONSHIP.
The relationship created by this Agreement is one of product distribution fulfillment between the parties herein. Nothing herein is intended, or shall be construed, to create an agency, partnership, joint venture or other liability-sharing relationship.
INDEMNIFICATION.
Powerfully Fit LLC Training agrees to indemnify and hold “Client” harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against “Client” that result from the acts or omissions of Powerfully Fit LLC Training and/or Powerfully Fit LLC Training’s employees, agents, or representatives.
WARRANTY.
Powerfully Fit LLC Training shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Powerfully Fit LLC Training’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Powerfully Fit LLC Training on similar projects.
DEFAULT.
The occurrence of any of the following shall constitute a material default under this Agreement:
REMEDIES.
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have if digital products are exchanged, those will have to be accounted for financially. A Coach-Client Agreement is signed before moving forward with the program. days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
ARBITRATION.
Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
ENTIRE AGREEMENT.
This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
SEVERABILITY.
If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT.
This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW.
This Agreement shall be construed in accordance with the laws of the State of Arizona.
NOTICE.
Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
SIGNATURES.
This Agreement shall be signed on behalf of Powerfully Fit LLC LLC by Powerfully Fit LLC, Owner, and on behalf of Client.
Contacting Us
Please do not hesitate to contact us regarding any matter relating to this Privacy and Cookies Policy via email info@powerfullyfittraining.com
SERVICE PROVIDER:
Powerfully Fit LLC LLC
Powerfully Fit LLC
Owner
