Terms and Conditions
Terms and Conditions for Strong Sarah Fitness LLC
This SSF Terms of Service Agreement (“Agreement”) is between you and Sarah Strong Fitness , LLC (for the purposes hereof, “SSF” “we” or “us”). These Terms and Conditions (the "Terms") govern the use of SSF's services, including, but not limited to, the creation of custom meal plans, workout programs, strength training programs, sports nutrition assistance, one-on-one coaching programs, individual consultations, online resources, and tracking tools (the “Services”). By using SSF's Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
Notice: Section 12 of this Agreement contains a mandatory ARBITRATION AGREEMENT. By using SSF’s Services, you agree that any claims you may have against SSF relating to the Services must be ARBITRATED, and you waive the right to (1) assert claims against SSF in court; (2) participate in a class action; and (3) have a jury hear your case.
Disclaimer: Strong Sarah Fitness LLC is not a medical organization and the information provided in our services is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider before starting a new diet or exercise program and direct any questions you may have regarding any medical conditions you may be aware of to them.
1. Acceptance and Modification of Terms
By accessing, browsing, or using the Services provided by SSF, including but not limited to our website, mobile application, and online programs, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. We reserve the right to modify or amend these Terms at any time without prior notice. Your continued use of our services following any such changes constitutes your acceptance of the new Terms. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. Eligibility
To use our services, you must be of legal age to form a binding contract in your jurisdiction. If you are not of legal age, you must have permission from a parent or guardian who agrees to these Terms on your behalf. You affirm that you have the legal capacity to enter into these Terms and are not barred from receiving services under the laws of the United States or other applicable jurisdictions. We reserve the right to refuse service to anyone for any reason at any time.
3. Account Creation and Security
To access certain features of our services, you must register for an account. When creating an account, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account. Any unauthorized use of your account or other security breaches must be immediately reported to SSF. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
4. Service Description and Subscription
Our services include customized fitness and nutrition programs offered through various subscription models. The specific terms of the subscription, including duration and fees, will be disclosed at the time of purchase. We reserve the right to modify or discontinue any part of our services or subscription packages at any time. Subscriptions auto-renew until canceled.
5. Payment and Refunds
Payment for services must be made using an accepted method of payment as indicated during the purchase process. The amount and currency of your subscription fee will be specified during the purchase. Payment for services must be made in full before the service is provided. Refunds are not available for services that have already been provided or products that have already been purchased and sent due to the nature of product delivery. All monthly 1:1 clients must submit their cancellation requests before their next charge date as outlined in the coaching guide.
6. Accuracy, Completeness, and Timeliness of Information
We strive to ensure that information on our platform is accurate, complete, and current. However, this information is provided for general purposes only and should not be relied upon as the sole basis for decisions. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
7. Modifications to Service and Pricing
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue our services or any part thereof without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the service.
8. Billing and Account Information
For any purchase, you agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account and other information, including your email address, payment method, and credit card expiration date, so that we can complete your transactions and contact you as needed. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
9. Use of Optional Third-Party Tools and Third-Party Links
We may provide you with access to third-party tools over which we neither monitor nor have control nor input. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations, or conditions of any kind and without any endorsement. Our services may include links to third-party websites or services that are not owned or controlled by SSF. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
10. Intellectual Property and User-Generated Content
The content, including text, graphics, images, and information obtained from or through our services, is the property of SSF or its licensors and is protected by copyright, patent, trademark, and other intellectual property laws. You are granted a limited license to access and use our services and their content for personal, non-commercial purposes. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the website through which the service is provided, without express written permission by us.
11. Termination / Non-Waiver of Terms
SSF reserves the right to terminate its services to any client at any time, for any reason, in its sole discretion. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
12. Arbitration Agreement and Class Action Waiver
This Section 12 sets forth a binding arbitration agreement between you and SSF (the “Arbitration Agreement”). In this Arbitration Agreement, you agree to arbitrate all claims relating to the Blue Light Service, to waive your right to a trial by jury, and to waive any right to proceed on a class basis in arbitration or otherwise. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or your use of the SSF Services shall be BINDING ARBITRATION administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures.
Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and SSF are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing (if any). The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. If you are a consumer, as defined by JAMS in its Consumer Minimum Standards, you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any) shall take place in New York County, NY, United States of America. The Federal Arbitration Agreement (“FAA”) shall govern this Arbitration Agreement. To the extent not preempted or inconsistent with the FAA, the choice of law provisions in Section 11 are incorporated and are applicable to this Arbitration Agreement. Any arbitration award may be entered in a court of competent jurisdiction.
Notwithstanding the above, each party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction pursuant to Rule 1 of JAMS’ Consumer Minimum Standards. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.
EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SSF, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND A PRODUCER OR OTHER BLUE LIGHT USER; OR (III) DAMAGES EXCEEDING THE GREATER OF USD $100 OR THE AMOUNTS PAID BY YOU TO SSF OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM.
The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not SSF has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. No third parties shall have any rights under this Agreement. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.
14. Indemnification
You agree to indemnify, defend and hold harmless SSF and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in New York, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
In the event that the Arbitration Agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts located in New York County, NY. You hereby irrevocably consent to the exclusive jurisdiction of those courts for such purposes and, to the extent permitted by law, both SSF and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.
16. Force Majeure
We shall not be liable for any failure or delay in performing in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.
17. U.S. Export Compliance
The services provided by SSF are subject to United States export control laws and regulations. You represent that you are not a citizen of, or located within, a country that is subject to U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
18. Restricted Users
You affirm that you are not a member of a terror or hate group and that you will not use our services for any unlawful or unauthorized purpose, including activities that would violate U.S. export laws and regulations.
19. Transferability of Rights and Obligations
SSF may transfer, assign, or delegate its rights and obligations under these Terms without consent. However, you may not transfer or assign any of your rights or obligations under these Terms without our prior written consent.
20. Relationship Between Parties
Nothing in these Terms shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between you and Strong Sarah Fitness LLC. Each party is an independent contractor in its performance hereunder.
21. Severability
If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified by the court and interpreted so as best to accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
22. Changes to Terms of Service
We reserve the right to modify these Terms at any time. You are encouraged to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on our website.
23. Contact Information
For any questions regarding these Terms, please contact us at sarah@strong-by-sarah.com
24. Entire Agreement
These Terms and any policies or operating rules posted by us on our website or in respect to the service constitute the entire agreement and understanding between you and Strong Sarah Fitness LLC. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Strong Sarah Fitness LLC.