Nicole Murphy

Website Terms, Conditions and Disclaimer

Updated May 30, 2019.

1.  Acceptance of our Terms
By visiting the website NICOLEMURPHYFITNESS.COM, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to NICOLEMURPHYFITNESS.COM, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of NICOLEMURPHYFITNESS.COM. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and NICOLEMURPHYFITNESS.COM and that your use of NICOLEMURPHYFITNESS.COM shall indicate your conclusive acceptance of this agreement.

2. Provision of Services
You agree and acknowledge that NICOLEMURPHYFITNESS.COM is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that NICOLEMURPHYFITNESS.COM is entitled to provide services to you through subsidiaries or affiliated entities.

3. Proprietary Rights
You acknowledge and agree that NICOLEMURPHYFITNESS.COM may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. NICOLEMURPHYFITNESS.COM authorizes you to view content online only, and duplicating or making copies of any content is prohibited. NICOLEMURPHYFITNESS.COM content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

4. Submitted Content
When you submit content to NICOLEMURPHYFITNESS.COM you simultaneously grant NICOLEMURPHYFITNESS.COM an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to NICOLEMURPHYFITNESS.COM.

5. Termination of Agreement
The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.

6. Disclaimer of Warranties
You understand and agree that your use of NICOLEMURPHYFITNESS.COM is entirely at your own risk and that our services are provided “As Is” and “As Available”. NICOLEMURPHYFITNESS.COM does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the NICOLEMURPHYFITNESS.COM website, app, information, content, materials, or products. Individual results may vary from participation in the activities associated with NICOLEMURPHYFITNESS.COM and website and it’s agents, employees, owners and directors does not guarantee or warrant the development or success from participation in same. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.

7. Limitation of Liability
You understand and agree that NICOLEMURPHYFITNESS.COM and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for any and all personal loss, loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not NICOLEMURPHYFITNESS.COM has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of NICOLEMURPHYFITNESS.COM is limited to the greatest extent permitted by law.

8. Subscription 
The Subscription service is months to month and will be automatically renewed every month unless the user cancels.  Billing is automatic and user agrees to recurring monthly payments charged to their credit card used at registration. If the user does not wish to have automatic billing they many cancel their membership anytime after becoming a member, or they must simply not join as a member. Users can manage their membership in Account Settings.

9. NO REFUND Policy

Effective June 22, 2017 NICOLEMURPHYFITNESS.COM has a NO REFUND policy due to the proprietary nature of the intellectual content, training, software, and other immediately accessible resources received upon membership.

10. Release of Liability for Injury
You understand and agree that the participation of activities related to the content of NICOLEMURPHYFITNESS.COM may involve inherently dangerous activities that could cause injury regardless of the physical condition, age or skill level of the participant. By accepting and agreeing to the Terms of this website, you acknowledge and agree that you knowingly assume all such inherent risks. Furthermore, and in consideration for your use and participation of NICOLEMURPHYFITNESS.COM, you agree that today and on all future dates, the minor participant and parents/guardians on behalf of any minor participant, does hereby release, waive, discharge, and covenant not to sue NICOLEMURPHYFITNESS.COM, its owners, directors, officers, employees, volunteers, independent contractors, equipment providers, agents and/or attorneys, for any and all claims arising from the ordinary negligence of NICOLEMURPHYFITNESS.COM (and the above named parties). This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in any or all NICOLEMURPHYFITNESS.COM activities.

11. External Content
NICOLEMURPHYFITNESS.COM may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that NICOLEMURPHYFITNESS.COM is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.

12. Jurisdiction
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of Tarrant County, Texas as the express discretion and determination of NICOLEMURPHYFITNESS.COM to resolve any legal matter arising from this agreement or related to your use of NICOLEMURPHYFITNESS.COM. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.

13. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and NICOLEMURPHYFITNESS.COM. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.

14. Changes to the Terms
NICOLEMURPHYFITNESS.COM reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of NICOLEMURPHYFITNESS.COM after any changes to Terms will signify your agreement to be bound by them.