This is a binding agreement between you (herein referred to as “Visitor and/or Registered User”) and Amber Krzys and any other affiliates or entities owned and operated by Fierce Loving and/or Amber Krzys (herein collectively referred to as “us” “Company,” “Consultant” or “Coach”) plus any other individual authorized by the Company to work with Visitor and/or Registered user (each party collectively as “Parties”).  The Parties acknowledge and confirm consideration of the mutual representations and promises made herein and the receipt and sufficiency thereof.

We invite you to access and use our Websites, including, without limitation, amberkrzys.com, fierceloving.com, bodyheart.com, bodyheart.org, rockyourbodychallenge.com, lettinglifeloveyou.com, coachingimmersionadventure.com, and nurturingyournumbers.com (the “Websites”).

We provide Visitors and/or Registered Users access to the Websites subject to the following Terms of Service, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is hereby incorporated by reference (collectively, the “Agreement”). 

If you do not agree to any of these terms, then please do not use the Websites.

DISCLAIMER

Visitor and/or Registered User understands and acknowledges that Coach, is not an employee, agent, lawyer, doctor, manager, therapist, business manager, registered dietician, nutritionist, financial analyst, psychotherapist or accountant. Visitor and/or Registered User understands their participation in any program will not treat or diagnose any disease, illness, or ailment and Coach has no obligation or ability provide such services. If Visitor and/or Registered User should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.

Visitor and/or Registered User understands that Consultant has not promised, shall not be obligated to and will not; act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy. Visitor and/or Registered User understands that a coaching relationship does not exist between the parties unless the Parties engage in a specific separate agreement for such.  Visitor and/or Registered User also understand that coaching and/or attending a retreat or similar participatory activity is not a substitute for professional advice by legal, medical, financial, business, or other qualified professionals. Visitor and/or Registered User is responsible for seeking independent professional guidance in these specialized areas. Visitor and/or Registered User understands that all decisions in these areas are exclusively Visitor and/or Registered User and as such, Visitor and/or Registered User acknowledges that decisions and actions regarding them are solely Visitor and/or Registered User responsibility.

As the term implies, Visitor(s) are people who may not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.

Registered Users. Registered Users can do all the things that Visitors can do, and further may (i) purchase products and services through one of our Websites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites; (v) sign up for our various programs; and (vi) sign up for alerts and other notifications.

Company is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Company may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

CONFIDENTIALITY

The Company respects Visitor and/or Registered User’s privacy and insists that Visitor and/or Registered User respects the Company’s and other program participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement.  Any Confidential Information shared by other Participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Company and the other Participant who discloses such.. Visitor and/or Registered Users agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during group coaching calls, from the Website or any forum or otherwise related to the Company. 

Visitor and/or Registered User agrees not to use such Confidential Information in any manner other than in discussion with the Company or with other Participants during a program. Confidential Information includes, but is not limited to, information disclosed on this Website and/or in connection with this Agreement, and shall not include information rightfully obtained from a third party.

Notwithstanding anything to the contrary herein, Visitor and/or Registered User understands and agrees that Company may record any and all calls of Visitor and/or Registered User or other Participants and Company may utilize any such audio recordings taken during said calls in connection with its training and coaching and/or other business operations (but for clarity, Company will never use Visitor and/or Registered User’s full name in such recording without Visitor and/or Registered User’s prior permission).

Further, by visiting this site and/or opting into a program, you agree that if you violate or display any likelihood of violating this session the Company and/or the other Participant(s) will be entitled to seek injunctive relief to prohibit any such violations to protect against the harm of such violations.

NON-DISCLOSURE OF COACHING MATERIALS

Material given to Visitor and/or Registered User in the course of Visitor and/or Registered User’s searching the Website and/or participation in the program is potentially proprietary, and/or developed specifically for the Company. Visitor and/or Registered User agrees that such proprietary material is the sole property of the Company and is for Visitor and/or Registered User’s own limited personal use as part of the working with the Coach. Visitor and/or Registered User agrees not to make use or disseminate or otherwise utilize of any materials for commercial purposes in any manner. Any disclosure to a third party, copying or republishing any portion of this Website and/or materials provided or its contents is strictly prohibited and constitutes infringement. Coach reserves all rights including injunctive relief against Visitor and/or Registered User if Company’s rights hereunder are violated.

NO TRANSFER OF INTELLECTUAL PROPERTY

The Website and/or any material shared with a Visitor/Registered user may be copyrighted and/or otherwise protected and are for Visitor and/or Registered User’s individual use only.  Any grant of use or access provided creates at most a single-user license. Visitor and/or Registered User is not authorized to use any of Company’s intellectual property for Visitor and/or Registered User’s business purposes. All intellectual property, including Company’s Website, copyrighted program and/or course materials, shall remain the sole property of Company. No right to sell or distribute Company’s materials is granted or implied. 

By visiting the Website or purchasing a program or services, Visitor and/or Registered User agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Visitor and/or Registered User agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company.

Further, by visiting the Website and/or purchasing the program, Visitor and/or Registered User agrees that if Visitor and/or Registered User violates, or displays any likelihood of violating, any of Visitor and/or Registered User’s agreements contained in this paragraph, the Company will be entitled to injunctive relief among other remedies to prohibit any such violations and to protect against the harm of such violations.

REGISTERED USER RESPONSIBILITY

Registered User accepts and agrees that  Registered User is 100% responsible for their progress and results from any program. Consultant will help and guide  Registered User; however, participation is the one vital element to a program’s success that relies solely on  Registered User. Company makes no representations, warranties or guarantees verbally or in writing regarding  Registered User’s performance.  Registered User understands that because of the nature of the program(s) and extent, the results experienced by each  Registered User may significantly vary. By purchasing this course,  Registered User acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that  Registered User will reach their goals as a result of participation in a program.

In addition, on my own behalf and on behalf of my heirs, next of kin, family members, estate, beneficiaries, executors, administrators and representatives, I covenant and agree that (i) I will not institute or attempt to institute any legal action, arbitration, demand or proceeding against any member of the

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

FORCE MAJEURE

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

SEVERABILITY/WAIVER

If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

MISCELLANEOUS 

1) LIMITATION OF LIABILITY. Visitor and/or Registered User agrees they used Company’s services at their own risk and that Website and/or materials provided is only an educational service being provided. Visitor and/or Registered User releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Visitor and/or Registered User accepts any and all risks, foreseeable or unforeseeable. 

Visitor and/or Registered User agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services, visiting of this Website or enrollment in a program.

Visitor and/or Registered User acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, Company may suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect Company’s rights and property pending the outcome of the arbitration referenced above. Visitor and/or Registered User hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California for purposes of any action by us.

2) NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. 

3) ASSIGNMENT. Visitor and/or Registered User may not assign any of its rights or obligations under this Agreement without express written consent of the Company. 

4) TERMINATION. Company is committed to providing all Visitor and/or Registered Users in the Website and/or materials provided with a positive experience. By purchasing this program, Visitor and/or Registered User agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Visitor and/or Registered User’s participation in a program without refund or forgiveness of monthly payments if Visitor and/or Registered User become disruptive or difficult to work with, or upon violation of the terms. Visitor and/or Registered User will still be liable to pay the total contract amount.  Company shall have the right to refuse service or terminate without cause..

5) INDEMNIFICATION. Visitor and/or Registered User shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Visitor and/or Registered User shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Visitor and/or Registered User recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

6) RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the exclusive jurisdiction of the courts of California. All claims against Company must be lodged within 100-days of the date Visitor and/or Registered User knew or should have known of the existence of the first claim – such claim shall otherwise be forfeited forever. 

THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITES OR THE CONTENT SHALL BE LIMITED TO THE FEES YOU HAVE PAID US IN CONNECTION WITH ANY PURCHASES YOU HAVE MADE FROM US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.

This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.

This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.