The Terms and Conditions below are effective for all users


Last Updated on 4/08/2020

WHITNEY HOOVER BODY REFINERY TERMS OF SERVICE

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.whitneyhoover.com or whbodyonline.com website (the "Service") operated by Whitney Hoover Body Refinery, a limited liability company formed under the laws of the state of California (“Whitney Hoover”, “company”, “us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not use the Service.

Your use of the Service is also conditioned upon your acceptance of and compliance with the Privacy Policy of the Service.  Please read our Privacy Policy carefully before using our Service.

Whitney Hoover may, at any time and in its sole discretion, amend, modify, delete or add (collectively “amendments”) to these Terms and Conditions.  Your use of the Service after any such amendments have been made or posted constitutes your agreement with and acceptance of such Amendments. Each time you access the Service, you reaffirm your acceptance of the Site Terms and any amendments thereto. You are responsible for regularly reviewing the Site Terms.

Whitney Hoover May Modify or Terminate the Service

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever.  Upon termination, your right to use the Service will cease immediately.

 We also may modify or suspend the Website temporarily or permanently, without notice to you. You agree that Whitney Hoover shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Website.

Intellectual Property Rights

All information, materials, images, graphics, video, audio, software, photographs, articles, functions, text, and other content contained, displayed or reflected on the websites or through any social media forum (collectively, “Content”) and all copyrights, trademarks, and other intellectual property rights in or relating to the content are the exclusive property of Whitney Hoover, its licensors or content providers or other third parties.  The website and all content, including the selection and arrangement of content, is owned by Whitney Hoover and protected as a compilation under the copyright laws of the United States and other countries.  You agree that, without prior, written authorization from Whitney Hoover, you may not and will not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Content, except as permitted herein and under Section 107 of the United States Copyright Act of 1976, as amended, 17 U.S.C. § 107.

Disclaimers / Limitation of Liability

The Service may offer health, fitness, meditation, nutritional and related information, but such information is designed and provided for informational purposes only. No information on the Website is intended to convey medical advice and nothing provided through or found on the Service constitutes or should be construed as the practice of medicine. You should not rely on any information provided through the Service as a substitute or replacement for professional medical advice, diagnosis and/or treatment FROM A LICENSED PHYSICIAN. You are urged to consult your physician before beginning any exercise or nutrition program. By using Whitney Hoover videos or participating in any Whitney Hoover activity, you acknowledge that such use carries the potential risk of injury and that it is your sole responsibility to judge your capabilities and limits. By your use, you expressly waive and release any claim that you may have at any time for injury of any kind against Whitney Hoover, or any person or entity involved with Whitney Hoover. There have been reports in which people with certain psychiatric conditions have experienced a worsening in that condition in conjunction with meditation practice. People with existing mental health conditions should speak with their health care providers before starting a meditation practice. Whitney Hoover is not responsible for any actions or inaction on your part based on the information provided through the Service.

Whitney Hoover, its affiliates and employees are not liable for damages of any kind incurred or alleged to have been incurred by you that are in any way related to the Service, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Service. To the extent a jurisdiction does not allow the exclusion or limitation of liability of consequential or incidental damages, Whitney Hoover’s liability is limited to the fullest extent permitted by law in that jurisdiction.

Severability of Terms / Entire Agreement

If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The Site Terms represent the entire agreement between Whitney Hoover and you relating to the subject matter contained herein.

Termination

This Agreement shall remain in full force and effect for so long as it is posted on any part of the Service, including the Website and/or subscription service. You may terminate your membership at any time, for any reason, in your account settings or by emailing training@whitneyhoover.com. If you cancel your membership before the end of the applicable billing cycle, your account will be canceled as of the following month. 

Choice of Law / Jurisdiction

The Site Terms, and any dispute concerning or relating to the Service or your use of the Service, shall be governed by the laws of the United States and the State of California, without regard to conflict of laws principles. You consent to personal jurisdiction and venue in the state and federal courts located in Santa Barbara County, California, and you shall not commence or prosecute any action except in the foregoing courts.

BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE SITE TERMS. 

WHITNEY HOOVER BODY REFINERY WAIVER OF LIABILITY

Medical Recommendations:

Participants in any fitness program, strength training, Pilates, stretching, aerobic and/or cardiovascular exercise, class, activity or event (hereafter, the “Services”) should consult with his or her physician or have a physical examination before using any of Whitney Hoover’s or Whitney Hoover Body Refinery’s (hereafter, the “Trainer”) Services, especially if Participant has a history of heart disease, high blood pressure or other chronic illness, is unaccustomed to physical exertion or has other physical limitations. Activity Risk: Any strenuous athletic or physical activity involves certain risks. Participant and his or her guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the facility on whose premises Services will occur. The Trainer cannot guarantee that any facility or equipment is free of risk. I acknowledge and agree that the Services and any exercise program, whether or not requiring the use of exercise equipment, subjects me to the risk of physical illness or injury. I am aware that any exercise and/or fitness activities involve risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack stroke, other serious disability or death, and that I am voluntarily participating in these activities and using equipment with full knowledge, understanding, and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury, regardless of severity, or death. I further acknowledge and understand that I will be responsible for any and all medical and related bills that may be incurred by me for any illness or injury that I may sustain in connection with the training or Services. Medical Disclaimer: Participant has been informed and acknowledges that Trainer makes no claims as to medical results that can or may be obtained through use of the facilities, equipment or Services. The Trainer has neither suggested nor will suggest any medical treatment to Participant. Only licensed medical professionals are qualified to give medical advice. Participant’s Health Warranty: Participant represents that: (i) there are no medical or physical conditions that would preclude his or her use of the Services; (ii) he or she has not been instructed by any physician not to use the Services; and (iii) he or she is in good health and has no disability, impairment, injury, disease or ailment preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. Participant Release and Indemnity: By signing this Agreement and/or by attending classes or otherwise participating in the Services, Participant hereby acknowledges and agrees that there are inherent risks in any exercise program, and in using the equipment associated with the Trainer’s classes or instruction. Participant assumes full responsibility for his or her use of the Trainer’s Services and facilities and shall indemnify Whitney Hoover, representatives, shareholders, affiliates, agents, consultants and employees, against any and all liability arising out of the use of the Services. Additionally, Participant and his or her guests shall hold Whitney Hoover harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of the activities.