Terms and Conditions

CLIENT CONSENT AND WAIVER:

I, the client, verify that all information is correct and current to the best of my knowledge. I understand that any information provided is for safety purposes and will be kept strictly confidential, unless I provide written consent. I hereby give my consent to receive treatments and I acknowledge and agree that I am doing so at my own risk. My health and safety with respect to such services are my sole responsibility. My decision to receive services is voluntary, and I know of, understand and assume any and all the risks associated therewith. In exchange for receiving services for myself and on behalf of my heirs, executors, administrators and personal representatives, hereby waive, release, discharge and hold my therapist harmless from any and all liability for any and all injuries, including damages or claims relating to or resulting from my receipt of the services, now or in the future, foreseen or unforeseen. Please take a moment to read and agree to the following information:

• If I experience pain or discomfort during the session, I will immediately inform my therapist. I will not hold my therapist responsible for any pain or discomfort I experience before, during or after the session.

• I understand that the services offered today are not a substitute for medical care.

• I understand that my therapist is not qualified to carry out a medical examination or provide a diagnosis and I agree not to interpret their comments as medical advice.

• I affirm that I have notified my therapist of all known medical conditions and injuries.

• I agree to inform the therapist of any changes in my health and medical condition. I understand that there shall be no liability on the therapist’s part should I forget to do so.

• I understand that treatment is non-sexual in nature.

• I understand my medical information and treatment notes may be released to other, third-party, health practitioners whom I agree for my therapist to refer me to.

• I agree that my therapist will need to disclose my personal information, if required to by law.

• I hereby waive and release my therapist from any and all liability, past, present and future relating to this treatment.

IMPORTANT PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE CONTINUING

Welcome to Lifestyling With Energy (“Lifestyling With Energy”, “us”, “our” or “we”). We produce content, videos, training materials, products, services and/or other materials (collectively along with our titles, features, content, software, updates, audio content, video files, downloadable content, add-ons, and/or modified versions, “Content”), made available on our websites, which includes without limitation lifestylingwithenergy.com among others (collectively the “Site(s)”), and various mobile applications (“Apps”). These terms and conditions (collectively, the “Terms” or “Agreement”) define your rights and obligations related to our Sites, Apps, and Content, your purchase, use, or downloading of any of our Content, services or offerings, participation in our events or promotions, and more generally use any of our other products or services (collectively with the Content, Apps, and Site, the “Services”).

1. Agreement

By using our Services, you agree to be bound by the terms of this Agreement. By entering into this Agreement, you are confirming you are an adult of legal age, you understand and accept this Agreement, and you are legally and financially responsible for all actions using or accessing the Services. If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement. If you (or your parent or legal guardian) do not or cannot agree to the terms of this Agreement, you may not use our Services.

This Agreement is a legal agreement between you and us and it describes the terms and conditions for using the Services. In addition, by agreeing to this Agreement, you are also expressly agreeing and acknowledging that various third-parties may be exercising some of our rights on our behalf under the Agreement. By accepting and agreeing to this Agreement, you are also agreeing to our Privacy Policy. Our Privacy Policy describes the types of data we collect from you and your devices, how we use your data, and the legal bases we have to process your data.

By accepting and agreeing to this Agreement, you are also agreeing to all terms of service and use, legal requirements, privacy policies, and any other agreements, terms and conditions of the third-party platforms used to access, download, store, and/or use the Services. Please review those third parties’ terms, policies, and agreements carefully. We are not responsible for the terms, policies, disclosures or actions of any third-party platforms.

We may modify these Terms at any time, and if we do, we will notify you by email or by posting the modified Terms. Please review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services. By using any of our Services, you represent that you are at least 18 years old, and that all information you submit is correct.

If you breach these Terms we may take action against you, including but not limited to terminating your Account and/or disabling your access to the Services. You acknowledge that we have no obligation to, and will not, reimburse or refund you for Services or other purchases and/or downloads lost due to involuntary suspension or termination of your Account.

2. License Grant

Subject to these Terms and your compliance therewith, Lifestyling With Energy grants to you a personal, nonexclusive, nontransferable, non-sublicensable, revocable, limited right and license to download, play, listen to, display, and use the Content solely for your permitted use within the Services (collectively, the “License”). “Content” means the audio and/or video recordings, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, or other materials that are generated, provided, or otherwise made available through the Services.

The rights granted to you under the License are subject to these Terms and your full compliance with the Terms, and you may only make use of the License if you comply with all applicable Terms. The Content is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Content is being transferred or assigned to you and the Terms should not be construed as a sale of any rights in the Content. Lifestyling With Energy retains all right, title, and interest to the Content, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio files, MP3 files, video files, audiovisual files, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. Lifestyling With Energy has the right to remove some or all of the Content from the Sites or Apps at any time for any reason.

The Content is protected by Australian copyright and trademark law and any other applicable intellectual property laws and treaties throughout the world. You acknowledge that all copyrights and other intellectual property rights in the Services are owned by us or our third-party licensors to the full extent permitted under the Australian Copyright Act and all international copyright laws and all other applicable laws. All rights in product names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of our Content and Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or our licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.

The Content may not be copied, reproduced, altered, modified, or distributed in any manner or medium, in whole or in part, without prior written consent from Lifestyling With Energy. All rights not expressly granted under this Agreement are reserved by Lifestyling With Energy.

3. Licence and Use Conditions

You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.

You also understand and agree the Content, videos and accompanying materials may encourage lifestyle practices including exercise and eat a healthy, well-balanced diet on your own, and that you, not Lifestyling With Energy, assume all risks and responsibilities for your own actions, safety, health, performance, wellbeing, and any complications or injuries which may arise when engaging in lifestyle practices, exercising or eating on your own. You agree that the Services are not medical advice, and the Services are not therapy and do not substitute for therapy if needed.

Under no circumstances and under no legal theory, tort, contract, strict, liability, or otherwise, shall Lifestyling With Energy or any related companies be liable to you or any other person for any indirect, special, incidental, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, or damages resulting from the Content, Services or any parts thereof.

You also agree to indemnify and hold harmless Lifestyling With Energy and its officers, employees, agents, representatives, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of your actions, contents and communications related to our Services. Similarly, if you have a dispute with any third party relating to your use of our Services, you release Lifestyling With Energy (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

4. User Comments and Feedback

We and our Services may offer various opportunities to interact and share your opinions and thoughts with us and others, or via various forum, social media pages, or via other community initiatives. However, please note that the opinions or views expressed, or statements made via posts, user comments, feedback, “wiki” entries, online chat, or via other features (collectively referred to herein as “User Comments”), do not reflect the opinions or views of Lifestyling With Energy.

We do not review, edit or modify User Comments. However, we reserve the right to remove or modify any User Comments for any reason. By sharing User Comments and accepting the terms of this Agreement, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.

We may also, from time to time, publicly share or redistribute User Comments on our Site, in our Content, or through other media or social media channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license us to use your User Comments in connection with our Podcasts and Services.

5. Disclaimers and Limitation of Liability

DISCLAIMER: ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT WITH RESPECT TO ITS VIDEOS OR ANY OTHER LIFESTYLING WITH ENERGY MATERIALS. FURTHER, LIFESTYLING WITH ENERGY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE VIDEOS OR ANY OF THE OTHER MATERIALS ON OR AVAILABLE THROUGH, ITS SITE OR OTHERWISE RELATING TO SUCH VIDEOS OR MATERIALS OR ON ANY SITES LINKED TO THIS SITE

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT (1) THE SERVICES WILL OPERATE PROPERLY, (2) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, (3) THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, BUG FREE, OR ERROR FREE IN ANY OR ALL CIRCUMSTANCES, OR (4) THAT ANY DEFECTS IN THE SERVICES CAN OR WILL BE CORRECTED. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNIFORM COMMERCIAL CODE OR IN ANY OTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED. THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

NO WARRANTIES: LIFESTYLING WITH ENERGY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, PayPal payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY.

LIMITATION OF LIABILITY: YOUR PURCHASE AND/OR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO ACCESS THE SERVICES OR CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE NOR OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE CONTENT OR SERVICES. IN NO EVENT WILL YOU BE ENTITLED TO A REFUND OR CHARGEBACK FOR THE CONTENT OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIFESTYLING WITH ENERGY AND ITS AFFILIATES LICENSORS AND DISTRIBUTORS SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE CONTENT OR SERVICES, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE CONTENT OR SERVICES, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE CONTENT OR SERVICES WILL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) FOR THE CONTENT OR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.

6. Indemnity

This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.

You agree to indemnify, pay the defense costs of, and hold Lifestyling With Energy, its licensors and distributors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, or (b) any act or omission by you in using the Services. You agree to reimburse Lifestyling With Energy on demand for any defense costs incurred by Lifestyling With Energy and any payments made or loss suffered by Lifestyling With Energy, whether in a court judgment or settlement, based on any matter covered by this Section 8.

7. Termination

We reserve the right to terminate your right to access and use the Services and/or Content if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.

8. Governing Law and Jurisdiction

This Agreement shall be construed and enforced in accordance with the laws of the State of Queensland, Australia, without reference to the principles of conflict of laws of any jurisdiction. For any disputes deemed not subject to binding individual arbitration, as provided in the section immediately below, you agree to submit to the exclusive jurisdiction and venue of the state and federal courts in Sunshine Coast, Queensland, Australia, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.

9. Links to Third Party Sites

Our Services may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

10. Amendments of this Agreement

We may issue an amended Agreement, Privacy Policy, or other related agreements at any time in our sole discretion by posting the amended Agreement, Privacy Policy, or related agreement on our website or by providing you with digital access to amended versions of any of these documents. If any amendment to this Agreement, Privacy Policy, or related agreement is not acceptable to you, you may terminate this Agreement and must stop using our Services. Your continued use of the Services will demonstrate your acceptance of the amended Agreement, Privacy Policy, or related agreement.

11. No Assignment

You may not, without the prior written consent of Lifestyling With Energy, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. We, however, may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.

12. International Users

Our Services are controlled and operated by us from within Australia and is intended for use only by residents of Australia. We make no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or subscriptions offered for sale through the Services will be available outside Australia. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation Australian export laws and regulations.

13. Who May Use Our Services

Unless stated otherwise for a particular Service, children are not allowed to use the Services or access the Content. A child is a person under 18 years old. To the extent permitted under applicable law, Lifestyling With Energy declines any responsibility regarding any activities conducted by a child with or without the permission of a parent. If you are a parent and you give your permission for your child to register for one of the services, you thereby agree to the terms relating to use of the services by your child.

14. Miscellaneous

Waiver: Failure of Lifestyling With Energy to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or our right to enforce each such provision and no waiver, if granted, shall be continuing. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by Lifestyling With Energy.

Entire Agreement: This Agreement sets forth the entire agreement between you and us with respect to the subject matter hereof, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us to the extent that any such Agreement relates to the subject matter hereof.

Severability: If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then the parties shall be relieved of all obligations arising under that provision, it being the intent that this Agreement will be deemed amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.

Assignment: Lifestyling With Energy shall have the right to assign this Agreement and all or any part of our rights hereunder to any person, firm or corporation, and this Agreement shall be binding upon and inure to the benefit of our successors, licensees and assigns. This Agreement the rights and obligations hereunder may not be assigned by you.