TERMS AND CONDITIONS

Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.thefourpercent.com (“the Site”) operated by The Four Percent LLC. This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.thefourpercent.com

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of The Four Percent Services. You are only authorized to use The Four Percent Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave The Four Percent website and discontinue use of The Four Percent Services immediately. If you wish to become a Member of Foundation, you must read these Terms of Service and indicate your acceptance during the registration process.

ACCOUNTS

In order to access some features of the website, you may have to create a The Four Percent Foundation account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

MEMBER SERVICES AND POLICIES

REFUNDS: If you wish to receive a refund on The Four Percent Foundation Services you may do so BEFORE May 12th, 2020, or the first day of The Foundation Services Session. No refunds, for any reason, will be permitted after the start of the first session.

LIMITATION OF LIABILITY

By agreeing to these terms, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the The Four Percent Foundation program, you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that The Four Percent Foundation strongly recommends that you consult with my physician prior to commencing any fitness routines, programs or protocols. By agreeing to this document, you acknowledge that you have been fully informed of the strenuous nature of a progressive exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. By agreeing to this document, you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages The Four Percent, LLC. You hereby acknowledge that you, and any minor* under your care, fully release. * No one under 15 may participate.

The content on The Four Percent website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to The Four Percent, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Four Percent reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of The Four Percent.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

The Four Percent and other graphics, logos, wordmarks, and designs are trademarks of The Four Percent in the U.S. The Four Percent trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of The Four Percent.

MOBILE SERVICES

The Four Percent Foundation Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase sessions via your mobile phone, (ii) the ability to receive and reply to The Four Percent Foundation messages, (iii) the ability to browse The Four Percent from your mobile phone and (iv) the ability to access certain The Four Percent features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding The Four Percent and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

TERMINATION

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

THIRD PARTY SITES

Our Site may contain links to third-party sites that are not owned or controlled by The Four Percent.

The Four Percent LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

GOVERNING LAW

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Illinois, USA, without giving effect to any principles of conflicts of law.

CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

ELIGIBILITY

This website is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By usingThe Four Percent Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.

TERM

These Terms of Service shall remain in full force and effect while you use the The Four Percent or are a Member. The Four Percent may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.

FEES

You acknowledge that The Four Percent charges fees for its services, and The Four Percent reserves the right to change its fees from time to time at its discretion. If The Four Percent terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

PASSWORD

When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify The Four Percent immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

ENTIRE AGREEMENT; NO WAIVER

These Terms of Service, together with our Privacy Policy, and any other legal notices published by The Four Percent on the website, shall constitute the entire agreement between you and The Four Percent concerning my website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and The Four Percent failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Four Percent reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the The Four Percent website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

ARBITRATION

YOU AND THE FOUR PERCENT AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

CONTACTING US

If you have any questions about these Terms of Service, the practices of The Four Percent or its services, or your dealings with this site, please contact us at:

thefourpercentworkout@gmail.com

These Terms of Service have been updated and effective as of April 29, 2020.