Terms of Service

Mother’s Nest Fitness LLC
Website Terms of Service

Mother’s Nest Fitness LLC (“we”, “us”, “our”, or “Mother’s Nest”) operates the website www.mothersnestfitness.com (the “Site”) and offers online and in-personal training focused on pre- and post-natal women (the “Services”), as well as other information and services we may post. The Site and the Services are made available to you only under the following terms of service (the “Terms”). 

By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you should not use or access this Site. We reserve the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. Agreement to these Terms also constitutes your agreement to the Mother’s Nest Fitness LLC Privacy Policy (the “Privacy Policy”), which is incorporated herein.

Use of the Site

Service Fees. In order to book or subscribe to receive our Services on the Site, you will have to provide certain personal and financial information as prompted by the Site. You represent and warrant that all required information you submit is truthful and accurate. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your information or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. In our sole and absolute discretion, we may issue refunds to you depending on the circumstances surrounding the event in question, but in no instance shall a refund be guaranteed. 

Access to Features of Online Services. Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the Services available on the Site and to change, suspend, or discontinue any aspect of the Site. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. 

Use of Third-Party Offerings. You may be able to access applications, websites, content, products, or services provided by third parties through links that are made available on the Site. We refer to all such applications, websites, content, services, and products as “Third-Party Offerings”. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). We are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use, or purchase any Third-Party Offerings. You agree that any Third-Party Offerings, including email services, text messaging services, and/or other online meeting platforms do not guarantee confidentiality and you accept the risk of any confidentiality or data breach.

Payment Terms. Once you select any of the products offered through our Services, you may be charged the applicable price upon order confirmation. All payments will be charged in accordance with the method chosen by you. If applicable, you agree to pay the price applicable for the products as of the time you submitted your order and any applicable taxes. All payments are made through third-party payment processors, such as Pillar Payments, or other processors as we deem fit. By purchasing the products through our Services, you also agree to the terms and conditions applicable to the payment processor used by us.

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any Service or material we provide on the Site, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your Internet connection are aware of these Terms and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive or social media features on the Site, is governed by our Privacy Policy (www.mothersnestfitness.com/privacy-policy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The Services provided and content on the Site are meant for informational purposes only and are not intended to diagnose or treat any medical condition, replace the advice of a healthcare or mental health professional, or provide any medical advice, diagnosis, or treatment. Consult your physician or other healthcare provider regarding the applicability of any recommendations and follow all safety instructions before beginning any exercise or nutrition program. We do not provide medical advice. When following our programs or Services, you are doing so at your own risk, and you must take full responsibility for the effects on your body that you may experience along the way. If you are suffering an illness, injury, or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia, or other conditions related to age or otherwise please consult with a suitable qualified medical practitioner before undertaking any of the actions recommended in this course. Regardless, always ask your physician if in doubt. Results may vary depending on starting point, goals, and effort. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should carefully read all product packaging prior to use.

Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site.
  • Send emails or other communications with certain content, or links to certain content, on this Site.
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Site other than the homepage.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Mother’s Nest, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • We provide social media features, such as share to Instagram, pin it now, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Site or any Services or materials available through the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Mother’s Nest. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Copyright and Trademark

Mother’s Nest name, logo, and all related names, logos, product and service names, designs, and slogans are intellectual property of the Mother’s Nest or its affiliates or licensors. You must not use such marks without the prior written permission of the Mother’s Nest. All other names, logos, product and service names, designs, and slogans on this Site are the intellectual property of their respective owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate Mother’s Nest, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Mother’s Nest or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site by means of a denial-of-service attack, or a distributed denial of service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

Cancellation Policy

If you elect to utilize our Services, we request 24 hours’ notice for cancellations. Cancellations made prior to this window are rescheduled with no penalty. Cancellations made without 24 hours’ notice but prior to the start of the session incur a $50 late-cancellation fee. No-shows or cancellations made after the start of the session incur the full fee.

Disclaimers, Limitations, and Exclusions of Liability

Disclaimer: The information contained in the Site is provided for informational purposes only.

Limited Warranties. THE SITE, ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES RELATED TO THE FOREGOING, AND THE SERVICES RECEIVED BY YOU ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS FREE. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR SERVICES, AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR SERVICES.

NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE PROVIDES COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY, OR REMOVE CONTENT, MEDIA, INFORMATION, OR ANY OTHER MATERIAL FROM THE SITE AND FROM THE OUTPUT OF THE SITE. YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO FIND INFORMATION THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, WE MAY, IN OUR DISCRETION, FILTER OUT LINKS TO CONTENT AGGREGATORS, SEARCH ENGINES, OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.

Limitation of Liability. USE OF OUR SITE AND/OR THE SERVICES RECEIVED BY YOU ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SITE, OR THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SITE, OR THE SERVICES EXCEED THE GREATER OF FIFTY DOLLARS (U.S. $50.00) OR THE AMOUNTS YOU HAVE PAID TO MOTHER’S NEST IN THE PRIOR SIX (6) MONTHS HEREUNDER.

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE AND THE SERVICES TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICES TO YOU WITHOUT THIS LIMITATION.

Indemnification. YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND US, OUR SUBSIDIARIES, DIVISIONS, AND AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES OF DEFENSE, INCLUDING ATTORNEYS’ FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR ILLEGAL USE OF THE SITE, YOUR VIOLATION OF THESE TERMS OR THE PRIVACY POLICY, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Additional Terms

Copyright. All information contained on the Site is our intellectual property and subject to copyright protection. Nothing on the Site may be reproduced, distributed, disseminated, or stored without our express written consent.

Governing Law. These Terms will be governed by the laws of the Commonwealth of Pennsylvania without giving effect to any conflict of law principles that may require the application of the law of another jurisdiction.

Disputes. Any dispute relating in any way to your visit to or use of the Site, to the Services you purchase through the Site, or to your relationship with us will be submitted to confidential arbitration in Pennsylvania. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Pennsylvania. Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of this Site or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.

Modifications to Terms. We may change these Terms from time to time. Any such changes will become effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. If you object to any such changes, your sole recourse will be to cease using the Site and the Services. Continued use of the Site or the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. 

Waiver; Remedies. The failure of us to, partially or fully, exercise any rights or the waiver of any breach of these Terms by you will not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of us under these Terms and any other applicable agreement between you and us will be cumulative, and the exercise of any such right or remedy will not limit our right to exercise any other right or remedy.

Contact Us. Please send your feedback, comments, and requests for technical support by email at: 

Email: contact@mothersnestfitness.com 

Last Updated: [April 5, 2023]

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