PAYMENTS, TAXES AND REFUNDS
of which is referred do as a "Transaction". Each Transaction is an electronic contract between you and LM Fitness, and or you and the entity providing the Content on our Services. LM Fitness will charge your payment method (such as your credit card, debit card, gift card/code, or other method available in your Home country) for any paid Transactions, including any applicable taxes. If you pre-order Content, you will be charged at time of Transaction. For details about how transactions are billed, please contact us at firstname.lastname@example.org.
All Transactions are final. We do not offer any refunds for purchased memberships and/or subscriptions. Content prices may change at any time. From time to time, LM Fitness may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles LM Fitness to a corresponding counterclaim.
LM Fitness does not offer prorated refunds for canceled subscriptions. All subscriptions are recurring and will automatically renew after the end of each paid subscription period. This includes both month-to-month and annual plans. Similarly, it is your responsibility to evaluate LM Fitness, including its features, limitations, and system requirements before selecting any Paid Plan. Subscription plans have a six month requirement to fulfill contract. LM Fitness will not issue refunds to customers on the basis of customers not understanding the system requirements, or the presence of compatibility issues. If at anytime you decide that you need to cancel your subscription to LM Fitness, Please contact us at email@example.com. In order to not be charged for the upcoming month, The cancellation will need to take place 7 days before the billing date. If the cancellation is made in less than 7 days before the billing date, the member will be charged for that month, and then the following month will not be charged.
Last Updated: May 30, 2021
Use of this Website
Access, distribution and/or use of this Website is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. You agree to comply with all applicable laws in connection with your use of the Website and your participation in any LM Fitness offerings.
You agree that you will not (i) interfere with the Website and/or the servers or networks connected to same; (ii) “frame” or “mirror” any part of the Website without LM Fitness's prior written authorization; (iii) use metatags or code or other devices containing any reference to any LM Fitness offerings in order to direct any person to any other website for any purpose; and/or (iv) modify, translate, decompile, disassemble, or reverse engineer any software available through the Website or otherwise used in connection with LM Fitness’s offerings.
Use of Materials
Materials on this Website, including but not limited to sound recordings, videos, images, logos, trademarks and other works (collectively, the “Materials”), are protected under various intellectual property laws and owned or controlled by LM Fitness, or used with permission of the owner(s) of such Materials. The display of Materials on this Website does not imply that a license of any kind has been granted to you. You agree that you will not remove any copyright, trademark or other proprietary rights notices contained on the Website.
Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Materials, in whole or part, without the express permission of LM Fitness, is prohibited. You may download digital files only where expressly permitted. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.
Promotions, Sweepstakes, Contests
Account and Password Responsibility
In order to access some features of the Website, you may have to create an account. When creating an account, you must provide your accurate and complete information and you may not use a fake identity or any other individual’s identity. When you create an account, you will be asked to choose a password which you shall use to access the secure portion of the Website, and which may be required when you are seeking to participate in certain offerings of the Website. You are responsible for maintaining the confidentiality of your password. You agree not to (i) use the account, username or password of any other visitor to the Website at any time, (ii) share your account, or (iii) disclose your password to any third party. You agree to notify LM Fitness immediately if you suspect any unauthorized access to or use of your account or password. You are solely responsible for any and all use of your account and password.
You may not use this Website or any Materials provided herein in connection with any commercial endeavors except with the express written agreement of LM Fitness.
User Submitted Content
On certain sections of this Website, visitors may be permitted to: post, display and/or publish (“post”) comments, information, creative works (including but not limited to text, images, and/or photos) or other materials (“User Content”). You acknowledge and agree that you are solely responsible for any User Content that you post. You further acknowledge and agree that LM Fitness has no responsibility for, and makes no representations concerning, any User Content posted at this Website and will not be liable for any User Content that is in violation of these
With respect to all User Content that you post, you represent and warrant that:
the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material at this Website (including but not limited to all copyright and right of publicity/privacy rights);
LM Fitness expressly disclaims any and all liability in connection with any User Content. In connection with User Content posted at this Website, in addition to all other rights it has under this Agreement, at law or in equity, LM Fitness reserves the right, in its sole and absolute discretion, to remove without notice, or refuse to post in the first instance, any User Content.
Any private or public communications, including any User Content, sought to be posted at the Website must conform, in the sole and exclusive opinion of LM Fitness, to the following rules and standards. It must:
conform to all applicable laws, including intellectual property, privacy and defamation laws, (ii) be appropriate in the context of the general purposes of the Website;
not be racist, sexist, vulgar, derogatory, obscene, pornographic, patently offensive, defamatory hateful, abusive or promote racism or discrimination of any kind; (iii) not provide personal information, or solicit such information from any other user of the Website;
not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, “spamming,” “spimming” or “phishing;”
not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; and
User Content License
Copyright Infringement Policy
LM Fitness values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, please contact us at firstname.lastname@example.org.
Limitation of Liability and Use Disclaimer
LM Fitness endeavors to make sure that all information and data it originates on the Website is accurate. However, LM Fitness is not responsible for any damages or loss related to the use of this Website.
THIS WEBSITE, ALL MATERIALS CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE, ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO REPRESENTATIONS WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING.LM Fitness RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. LM Fitness SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Zora Bakes. MAKES NO WARRANTIES OR REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF LM Fitness’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or equipment.
Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, LM Fitness’s liability is limited to the greatest extent allowable under applicable law.
You will indemnify LM Fitness, and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) relating to, or arising from or in connection with:
your use of the Website; and/or
When you communicate with LM Fitness electronically, via email or otherwise, you consent to receive electronic communications from LM Fitness. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by LM Fitness satisfy any legal requirement that such communication be in writing. LM Fitness encourages you to retain your own copies of relevant information, however, upon your written request, LM Fitness will provide you with a copy of the information you provided to LM Fitness when creating your Member account. To make such a request please contact email@example.com.
With respect to all communications you make to or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and LM Fitness shall have no obligation to protect your communications from disclosure; (ii) LM Fitness shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) LM Fitness shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information
Acquisition of Business
In the event that LM Fitness and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on this Website, and all rights of LM Fitness and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction.
US Export Controls
Software from or related to this Website (the “Software”) may be subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws.
Disputes and Governing Law
Except where prohibited by law, as a condition of accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration and (i) if the dispute involves a US resident, the dispute shall be submitted to binding arbitration in Iowa within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association, or (ii) if the dispute involves a Canadian resident, the dispute shall be submitted to binding arbitration in Ontario within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the Canadian Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
Under no circumstances will you be permitted to obtain awards for, and by accessing and/or using the site you waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and you further waive all rights to have damages multiplied or increased. Any and all claims, judgments, and awards shall be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
Last Updated: May 30, 2021
• access or use the lindseymutchlerfitness.com website (the “site”);
• sign up for our newsletter, make a purchase or otherwise interact with us on or through the site (“Customer Interactions”);
• access links to LM Fitness’s social media pages/accounts on third party social media websites (“Social Media Pages”); and/or
• enter sweepstakes, contests, and/or promotions offered by LM Fitness from time to time (collectively, “Promotions” and together with the site, Customer Interactions and Social Media Pages, the “LM Fitness Online Offerings”).
We may collect several types of information from you, including information:
• by which you may be personally identified, such as your name, username and password, shipping and billing information, email address, telephone number, and/or credit card number (including security code and expiration date) (collectively, “personally identifiable information” or “PII”);
• that is about you but individually does not identify you, such as your hobbies, personal interests, gender, demographic information, and product and service preferences; and/or
• about others, such as the names and email addresses of gift recipients or family and friends whom you have referred to the site.
We may collect information from you in a variety of ways, as follows:
Information You Provide - We receive information you provide to use when you:
• create any account with us (e.g., online shopping account, loyalty account, or any other type of account we offer);
• log into, visit and use our site;
• engage in Customer Interactions;
• make a purchase, either in-store or online;
• pickup up purchases using our curbside service; to personalize our products, services and offerings to you;
• place an order through a third party delivery service;
• contact us for customer service;
• participate in any Promotions; or
• otherwise communicate with LM Fitness.
We may collect information about you from other sources, as follows:
• LM Fitness may work with one or more data-modeling and/or data–append services which allow us to learn more about you from other sources, based on the information you have permitted us to gather directly (including your email address).
• We may collect information about you from other third parties, such as our business partners.
• We may combine the information we obtain from other sources with information we collect from you directly and use it for various purposes, such as to tailor advertising and content to you and send you offers that may be of interest.
We, our service providers (including advertising and analytics providers), and third parties may automatically collect several types of information about you including information:
• as you navigate through the site, which information may include usage details, IP addresses, operating system, browser type, referring URLs, access times, pages viewed, and information collected through cookies, web beacons, and other tracking technologies, such as information about your browsing and purchasing behavior.
• about your mobile device.
This information is used to analyze trends, administer the site and LM Fitness Online Offerings, associate browsers and devices together, and deliver advertising and content targeted to your interests.
The technologies we, our service providers, and third parties may use for this automatic data collection may include:
• Cookies. A cookie is a small removable data file that is stored by your web browser on your computer which often includes a unique identifier. Cookies are used to provide customers with tighter security, customized content, and tracking of orders and shopping cart items. Session cookies expire at the end of a particular visit to our site, while persistent cookies (also called stored cookies) remain active until you disable them through your browser settings, or until a pre-set expiration date.
• Web Beacons. Pages of our site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
You may disable or refuse to accept cookies through the appropriate browser settings, however if you select this setting you may not be able to use all features of our site. In addition, disabling cookies may cancel opt-outs that rely on cookies, such as web analytics or targeted advertising opt-outs.
We may use the information we collect from you or receive about you:
• for registration and billing purposes;
• to provide, maintain, and improve the site and our products and services;
• to respond to your questions and fulfill your orders and requests;
• to verify entry into a Promotion and ship any prizes won in connection an applicable Promotion;
• to personalize our products, services and offerings to you;
• to communicate with you about your orders, our products, and the site;
• to manage your account and send you account related information;
• to send you promotional messages and for targeted advertising purposes; and/or
• for internal data modeling and marketing purposes.
Third Party Websites
We are not responsible for the content or privacy practices of any websites or services that are not owned or controlled by LM Fitness, including those to which this site links to or that link to this site.
To learn more about interest-based advertising or to opt-out of having your web browsing information used for interest based advertising by companies that participate in the Network Advertising (“NAI”) or Digital Advertising Alliance (“DAA”), visit the websites operated by the NAI [HTTP://WWW.NETWORKADVERTISING.ORG/CHOICES] and the DAA [HTTP://WWW.ABOUTADS.INFO/CHOICES/]. Note, however, that not all service providers participate in the NAI and DAA. In addition, if you opt-out, you may still see online advertising from us and third parties, but the ads may be less relevant to you. If you delete or block cookies, buy or use a different device, access the site from a different device, login under a different name, or change web browsers, you will need to opt-out again. Some web browsers may transmit “do not track” signals. At this time, we do not take steps to respond to such signals.
Customized Ad Campaigns
We may also work with third party social media sites to serve LM Fitness ads to you as part of a customized social media campaign.
Sharing of Your Information
We may share aggregated or de-identified information regarding our customers with partners, advertisers, or other third parties. This data will not identify you personally.
We may share information with companies that provide support services to us (such as a printer, mailing house, fulfillment company, delivery company, or web host) or that help us market our products and services. These companies may need information about you in order to perform their functions. These companies are not authorized to use any personal information we share with them for any other purpose.
We (including, for all purposes hereof, any third parties that provide support services to us) will use the PII you provided to us to process, validate, confirm, verify, deliver and track your purchases (including by processing payment card transactions, arranging shipping and handling returns and refunds, and contacting you about your orders, including by telephone and/or the email address that you provide to LM Fitness to communicate with).
As we develop our business, we might sell or buy businesses or assets. In the event of a company sale, merger, reorganization, dissolution, or similar event, the personal information and other information you provide to us or that we have gathered about you may be part of the transferred assets.
We may be required to disclose such information in response to subpoenas, court orders, requests from law-enforcement officials, or if we are otherwise required to disclose such information by law. If we believe disclosure is necessary or appropriate to protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure of LM Fitness, our customers or others, we may disclose your information as required. This includes identifying potential hackers and other unauthorized users to your account.
We may share your email address, other information you voluntarily provide to us, such as your hobbies, personal interests, gender, demographic information, and product and service preferences, and other information we may collect, including PII, with third-party partners for our, theirs and their customers’ marketing, analytics, content personalization, and other activities. We and our partners may combine such data with other data for these purposes.
Protecting Your Information
We make commercially reasonable efforts to help keep your information secure and help protect your information from loss, theft, misuse, alternation, and unauthorized access or disclosure. Unfortunately, even though we use commercially reasonable efforts to protect your information, we cannot guarantee complete security. Any information that you provide to us is done so entirely at your own risk.
To further protect yourself, you should safeguard your LM Fitness account username and password and not share that information with anyone. You should also sign off your account and close your browser window when you have finished your visit to our site. Please note that we will never ask for your LM Fitness account username or password via email.
Opting-Out of Communications
Receipt of marketing, promotional, and non-transactional email communications from LM Fitness. Click the “unsubscribe” link located at the bottom of any LM Fitness email or change your LM Fitness account settings/preferences.
Please note that you cannot opt-out of transactional email communications related to your account. We may continue to contact you for the purposes of communicating information relating to your request for LM Fitness Online Offerings, your participation in a Promotion and to respond to inquiries made by you, as applicable, even if you have elected to opt-out of certain communications as provided above.
To opt-out of all communications from LM Fitness you must cease using the LM Fitness Online Offerings, and other services related to the LM Fitness Online Offerings.
If you have provided us with your prior express consent to receive communications via an automatic telephone system (autodialer), artificial or prerecorded voice messages or text messages, we may use your information to send text messages to any mobile device connected to your cell phone number until you opt out from future text messages by replying STOP to any text messages you receive from us. Once you cancel, we will send one additional confirmation text message stating that you have opted out of receiving automated text messages from us.
Attention European Union Residents; Data Transfers
You agree that your information will be transferred to and processed by LM Fitnessin the United States. By using and accessing the LM Fitness Online Offerings, users who reside or are located in countries outside of the United States agree and consent to the transfer and processing of personal information on servers located outside of the country where they reside, and acknowledge that the protection of such information may be different than required under the laws of their residence or location.
We do not intentionally collect personally identifiable information from children under the age of thirteen. If we become aware that we have collected personally identifiable information from a user of the site who is under the age of thirteen, we will remove that child’s personal information from our files.
Accessing and Modifying Information
You may update, modify, and/or correct your information by logging into your LM Fitness account or by emailing firstname.lastname@example.org. Note, however, that LM Fitness will continue to retain information as required by law or for legitimate business purposes.
We welcome your questions, comments and concerns about privacy. Please email us at email@example.com with your feedback pertaining to privacy.