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Terms of Service
The use of this site or any other site owned or maintained by 3Ps Strong, a limited liability company organized and existing under the laws of the State of California (hereafter “3PsStrong”) is governed by the policies, terms, and conditions set forth below. Please read them carefully. Your use of the 3PsStrong website, newsletters, recipes, fitness programs, nutrition programs, and/or other information or services provided by 3PsStrong (hereafter the “Services”) signifies your acceptance of the terms and conditions set forth below. Any and all orders placed on this site signifies your acceptance of the terms and conditions set forth below. Your decision to subscribe to any and all 3PsStrong Newsletters signifies your acceptance of the terms and conditions set forth below.
In consideration of using the Services provided by 3PsStrong you hereby, on behalf of yourself, your heirs, beneficiaries, personal representatives, successors and assigns, do hereby indemnify, hold harmless, insure, or defend 3PsStrong, including its, officers, agents, or employees, against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of 3PsStrong, or its officers, agents, or employees.
By using any or all the services, fitness programs, nutrition plans, recipes, and/or other information (collectively hereafter the “Activities”) provided by 3PsStrong, you understand that participation in the activities involve a certain degree of risk. You have carefully also considered the risk involved and have given consent for yourself to participate in the activities. You understand that participation in the activities is entirely voluntary and requires participants to abide by applicable rules and standards of conduct. You voluntarily assume all risks of loss, damage, or injury, including death, that may be sustained by your involvement in the activity.
Disclaimer of Warranties
3PsStrong makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of any information on this site. 3PsStrong does not represent or warrant that (a) the use of the site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the site or 3PsStrong’s products will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and all content are provided to you strictly on an “as is” basis. All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or noninfringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law by 3PsStrong.
Limitation of Liability
In no event shall either party’s aggregate liability exceed the amounts actually paid by and/or due from you in the 12-month period immediately preceding the event giving rise to such claim. In no event shall either party be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this site or 3PsStrong, including but not limited to the use or inability to use the site, or for any content obtained from or through the site, any interruption, inaccuracy, error or omission, regardless of cause in any information contained herein, even if the party from which damages are being sought have been previously advised of the possibility of such damages. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
3PsStrong may give notice by means of a general notice on the
Website, electronic mail to your e-mail address on record in 3PsStrong’s account information. Such notice shall be deemed to have been given upon the expiration of 8 hours after sending (if sent by e-mail). You may give notice to 3PsStrong (such notice shall be deemed given when received by 3PsStrong) at any time by the following: letter sent by email to 3PsStrong at the following email address Nicole@3PsStrong.com.
Modification to Terms
3PsStrong reserves the right to modify the terms and conditions of this Agreement or its policies relating to its products and services at any time, effective upon posting of an updated version of this Agreement on the
Website. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
With respect to U.S. Customers, this Agreement shall be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in California. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and 3PsStrong as a result of this agreement or use of this Website. The failure of 3PsStrong to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by 3PsStrong in writing. This Agreement, together with any applicable Form and policies, comprises the entire agreement between you and 3PsStrong and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Disputes with 3PsStrong
If there is any dispute, controversy, or claim about or involving the 3PsStrong, by using the Services, you agree that the dispute will be governed by and construed in accordance with the laws of the State of California without regard to any conflict of law provisions. In addition, any such dispute, controversy or claim shall, upon the request of any party involved, be submitted to and settled by, mediation in the State of California. If the dispute cannot be settled by mediation, then you agree to Binding Arbitration to resolve the dispute. The binding arbitration shall take place in the State of California, before a single arbitrator, pursuant to the commercial arbitration rules then in effect of the American Arbitration Association or at any time or at any other place or under any other form of arbitration mutually acceptable to the parties so involved. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. You hereby submit to the personal jurisdiction by and venue in the state and federal courts located in the State of California.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
No joint venture, partnership, employment, or agency relationship exists between you and 3PsStrong as a result of this agreement or use of this Website or the Services. The failure of 3PsStrong to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by 3PsStrong in writing. This Agreement, together with any applicable Form and policies, comprises the entire agreement between you and 3PsStrong and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Web Site, and any materials available on the 3PsStrong Website or sent via e-mail specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by 3PsStrong from time to time in its sole discretion; “Effective Date” means the earlier of either the date this Agreement is accepted by using any recipes, workouts, and/or educational materials or articles presented on the website, the Effective date on the subscription form or the date you begin purchasing products from this site; “Order Form(s)” means the form evidencing your purchase from this site and any subsequent order forms submitted online or in written form, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); “Company” means collectively 3PsStrong is an individually owned company (by Nicole Michelle Doria) organized and existing under the laws of the State of California doing business as “3PsStrong”.
Questions or Additional Information
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to Nicole@3PsStrong.com.
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Terms of Service