Terms and Conditions | High Calling Fitness
Legal

Terms & Conditions

Last updated January 16, 2025  ·  High Calling Fitness

We are High Calling Fitness (“Company,” “we,” “us,” “our”). We operate the website highcallingfitness.com and any related products and services that refer or link to these legal terms (collectively, the “Services”).

These Terms constitute a legally binding agreement between you and High Calling Fitness. By accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. If you do not agree, you must discontinue use immediately. The Services are intended for users who are at least 18 years old.

We reserve the right to make changes to these Terms at any time. We will indicate updates by revising the “Last updated” date. Continued use of the Services after changes are posted constitutes your acceptance of those changes.

Section 01

Our Services

The information provided through the Services is not intended for distribution to or use by any person or entity where such distribution would be contrary to law or regulation. The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.). If your interactions are subject to such laws, you may not use the Services.

Section 02

Intellectual Property Rights

Our Intellectual Property

We own or are licensed to use all intellectual property in our Services, including source code, databases, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos (collectively, “Content” and “Marks”). All Content and Marks are protected by copyright and trademark law in the United States and internationally.

Content and Marks are provided “as is” for your personal, non-commercial use only. No part of the Services may be copied, reproduced, republished, uploaded, transmitted, distributed, sold, or otherwise exploited for commercial purposes without our express prior written permission.

Your Submissions

By sending us any question, comment, suggestion, idea, or feedback (“Submissions”), you assign to us all intellectual property rights in that Submission. We may use Submissions for any lawful purpose without acknowledgment or compensation. You are responsible for ensuring your Submissions are not illegal, harmful, defamatory, or infringing on third-party rights.

Section 03

User Representations

By using the Services, you represent and warrant that: (1) you have the legal capacity to agree to these Terms; (2) you are not a minor in your jurisdiction; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use will not violate any applicable law or regulation.

Section 04

Products

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Section 05

Purchases & Payment

We accept Visa, Mastercard, American Express, and Discover. You agree to provide current, complete, and accurate purchase and account information for all purchases. All payments are in US dollars. Sales tax will be added where required.

If your order is subject to recurring charges, you consent to our charging your payment method on a recurring basis without requiring prior approval for each charge, until you cancel. We reserve the right to correct any pricing errors and to refuse or limit any order at our sole discretion.

Section 06

Refunds Policy

All sales are final. No refund will be issued. We do not offer returns or refunds for digital products or coaching services. Clients may choose not to renew their coaching plan at any time to prevent future charges.

Section 07

Prohibited Activities

You may not use the Services for any purpose other than that for which we make them available. The following activities are expressly prohibited:

  • Systematically retrieving data or content to create a database or directory without written permission
  • Tricking, defrauding, or misleading us or other users
  • Circumventing or interfering with security-related features
  • Disparaging or harming us or our Services
  • Using information from the Services to harass, abuse, or harm any person
  • Making improper use of support services or submitting false reports
  • Using the Services in a manner inconsistent with applicable laws
  • Uploading or transmitting viruses, malware, or other harmful material
  • Engaging in automated use, data mining, robots, or similar extraction tools
  • Attempting to impersonate another user or person
  • Interfering with, disrupting, or creating an undue burden on the Services
  • Copying, decompiling, or reverse engineering any part of the Services
  • Using the Services to compete with us or for any unauthorized commercial purpose
  • Collecting usernames or email addresses for the purpose of sending unsolicited communications
Section 08

User Generated Contributions

The Services may provide opportunities to create, submit, post, or transmit content (“Contributions”). When you make Contributions, you represent and warrant that they do not infringe third-party rights, are not false, defamatory, obscene, or harassing, and comply with all applicable laws. You are solely responsible for your Contributions.

Section 09

Contribution License

You retain full ownership of your Contributions and any associated intellectual property rights. By submitting suggestions or feedback, you agree that we can use and share that feedback for any purpose without compensation. We are not liable for any statements or representations in your Contributions.

Section 10

Third-Party Websites & Content

The Services may contain links to third-party websites or content. We do not investigate, monitor, or check third-party websites for accuracy or completeness. We are not responsible for any third-party content, practices, or transactions. If you leave the Services to visit a third-party website, these Terms no longer apply and you do so at your own risk.

Section 11

Services Management

We reserve the right — but not the obligation — to monitor the Services for violations, take appropriate legal action, restrict or disable access to content, and otherwise manage the Services to protect our rights and ensure proper functioning. We may remove content that is excessive in size or burdensome to our systems without notice.

Section 12

Privacy Policy

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. The Services are hosted in the United States. If you access the Services from outside the US, you consent to your data being transferred to and processed in the United States.

Section 13

Term & Termination

These Terms remain in effect while you use the Services. We reserve the right to deny access, terminate your use, or delete content at any time without notice, at our sole discretion. If we terminate your account, you are prohibited from creating a new account without our permission.

Section 14

Modifications & Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time without notice. We do not guarantee the Services will be available at all times. We are not liable for any loss or inconvenience caused by downtime, interruptions, delays, or errors in the Services.

Section 15

Governing Law

These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

Section 16

Dispute Resolution

Informal Negotiations

Before initiating arbitration, the parties agree to first attempt to resolve any dispute informally for at least 30 days, beginning with written notice from one party to the other.

Binding Arbitration

If informal resolution fails, disputes will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). By agreeing to arbitration, you waive your right to a jury trial. Arbitration may be conducted in person, by document submission, by phone, or online. The arbitrator’s decision is binding and must follow applicable law.

Restrictions

All arbitration is limited to the dispute between the parties individually. No class-action arbitration, class procedures, or representative claims on behalf of the general public are permitted.

Exceptions

The following disputes are not subject to arbitration: (a) disputes involving intellectual property rights; (b) disputes arising from theft, piracy, or invasion of privacy; and (c) claims for injunctive relief. No dispute may be commenced more than one year after the cause of action arose.

Section 17

Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors and update information at any time without prior notice.

Section 18

Disclaimer

The Services are provided on an as-is and as-available basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties about the accuracy or completeness of the Services’ content and assume no liability for errors, personal injury, unauthorized access to servers, interruptions, viruses, or any loss resulting from use of the Services. We do not warrant or assume responsibility for any third-party product or service advertised through the Services.
Section 19

Limitations of Liability

In no event will we or our directors, employees, or agents be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages — including lost profit, lost revenue, or loss of data — arising from your use of the Services. Our total liability to you for any cause of action will not exceed the amount paid by you to us in the six months prior to that cause of action arising. Some jurisdictions do not allow certain limitations on liability — if these laws apply to you, some of the above limitations may not apply.
Section 20

Indemnification

You agree to defend, indemnify, and hold harmless High Calling Fitness and its subsidiaries, affiliates, officers, agents, partners, and employees from any loss, damage, liability, claim, or demand — including attorneys’ fees — arising from: (1) your use of the Services; (2) breach of these Terms; (3) your violation of the rights of a third party; or (4) any harmful act toward another user of the Services.

Section 21

User Data

We maintain certain data you transmit to the Services for the purpose of managing performance. Although we perform routine backups, you are solely responsible for all data you transmit or that relates to your activity on the Services. We have no liability to you for any loss or corruption of such data.

Section 22

Electronic Communications, Transactions & Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures, contracts, orders, and records.

Section 23

California Users & Residents

If a complaint with us is not satisfactorily resolved, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210 or (916) 445-1254.

Section 24

Miscellaneous

These Terms constitute the entire agreement between you and High Calling Fitness. Our failure to enforce any right or provision does not waive that right. If any provision is found unlawful or unenforceable, the remaining provisions remain in full effect. We may assign our rights and obligations at any time. No joint venture, partnership, employment, or agency relationship is created by these Terms.

Section 25

Contact Us

To resolve a complaint or receive further information about these Terms, please contact us:

High Calling Fitness

[email protected]