Last modified: August 2022

Your Agreement to these Terms of Use

Thank you for visiting our website. If you want to use http://ThatBadassBroad.com, you must agree to conform to and be legally bound by the terms and conditions described below.

If you do not agree to be bound by these Terms, do not access or use this website.

YOUR AGREEMENT TO THESE TERMS OF USE INCLUDES AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISPUTES, AS DESCRIBED FURTHER BELOW.

PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS

Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our privacy policy on http://ThatBadassBroad.com.

ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS

Our anti-Spam policy is part of, and subject to, these terms and conditions of use. You may view our anti-Spam policy on http://thatbadassbroad.com/

Eligibility

This website is intended for use by adults who are 18 years of age or older. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.

Based in U.S.

This website is intended only for use by individuals in the United States (U.S.) and is not targeted to non-U.S. residents. We make no representations that the information or materials on or linked through the website are appropriate or available for use in other locations. Those who choose to access or use the website from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules and regulations in their respective location in doing so. By submitting your personally identifiable information on the site, you consent to the transfer to and processing of such data in the U.S. This website is not intended to subject ThatBadassBroad.com to any non-U.S. jurisdiction or law. If you believe you are entitled to any additional rights under any non-U.S. laws or regulations, please contact us at legal[at]thatbadassbroad.com.

Changes to Website and Terms

We reserve the right to modify, alter or otherwise update the Terms at any time in our sole discretion, at any time. Such modifications or alterations will be effective as of their posting to the website. Your access or use of this website following any changes to these Terms constitutes your agreement to follow and be bound by the terms and conditions as changed. Therefore, you should review these Terms of Use and our Privacy Policy every time you visit or use this website.

Intellectual Property Ownership

Subject to your compliance with these Terms, ThatBadassBroad.com grants you a nonexclusive, personal, nontransferable, revocable, and limited license to view the content of this website. The materials on this website, including all website design, text, graphics, information, trademarks, service marks, trade names, photographs, testimonials, videos, content or other materials displayed on or that can be downloaded from this website, belong to us or a third-party licensor to us and are protected by U.S. and international copyright and other intellectual property laws. You may e-mail, download, or print a reasonable number of copies of the materials on this website for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this website, you must also include all copyright, trademark, and other proprietary notices that are in the materials. You may not post material from this website on any other site without our prior written permission. You may not publish or broadcast material from this website without out prior written permission. You may not modify the information or materials located on this website in any way. You may not reproduce or publicly display, perform, or distribute or otherwise use any materials or information on this website for any public or commercial purpose.  You may not remove, obscure, or otherwise deface proprietary notices appearing on any content, including copyright, trademark, or other intellectual property notices.

Any requests to use our content should be submitted to us by e-mail to miriam[at]ThatBadassBroad.com.

All rights, title and interest in and to the website, including all content, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights therein will remain with ThatBadassBroad.com and our licensors, partners, contributors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the content available on the website or granting the foregoing licenses.

Trademarks, trade names, service marks, and logos used or displayed on this website are registered and unregistered trademarks, trade names, and service marks of ThatBadassBroad.com or a third party. Nothing in these Terms of Use grants or should be construed to grant, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without the written permission of ThatBadassBroad.com or such third-party owner. This includes any rights of publicity in the name, likeness and/or voice of Miriam Lawrence.

If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to legal[at] ThatBadassBroad.com. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

DISCLAIMER: The information on this site is for Educational Purposes Only and is not designed to diagnose, treat, mitigate, prevent or cure any health conditions. The U.S. Food and Drug Administration has not evaluated statements about these health topics or any suggested product compositions.

Restrictions on Website Use

You agree to not use this website in any way not permitted by these Terms of Use. You agree (i) you will not misrepresent your identity or provide false information to ThatBadassBroad.com; (ii) you will not attempt to access any part of the website to which access has not been explicitly granted to you; (iii) you will not take any actions that may interfere with operation of this website or the use of this website by other users; (iv) you will not violate or directly or indirectly enable another individual or entity to violate these Terms of Use; (v) you will not violate any applicable laws and regulations; and (vi) you will not attempt to modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the website.

ThatBadassBroad.com reserves the right to terminate access to any or all features of the website at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website.

User’s Password Responsibilities

This website may allow you to create a user account. If you make your log-in information available to others, they will be able to view information available to you and communicate with other users as if they were you. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or log-in credentials. ThatBadassBroad.com reserves the right to refuse service, terminate accounts or credentials, or remove or edit content at any time with or without notice.

No Endorsement of Fitness Professionals and Resources

This website may provide reviews of, or a directory feature or similar tool to help you locate, a trainer, coach, gym, online training program, book, or other fitness/strength training resource (collectively “Fitness Resources”). Such features and tools are provided without cost to you and as a courtesy only. ThatBadassBroad.com does not recommend or endorse any particular Fitness Resources listed within such a feature or elsewhere on this website. Such information is intended for use as a general information resource only. Further, ThatBadassBroad.com does not investigate or verify any of the information provided by a Fitness Resource upon enrollment in any directory feature. Contact or other information, including background, education, licensure, scope of practice or clinical expertise, regarding a Fitness Resource may be incomplete, inaccurate, or out of date. The Fitness Resources that may be listed through the use of this feature on our website are not the agents, employees, or partners of ThatBadassBroad.com or any of its affiliates or subsidiaries. ThatBadassBroad.com does not control the training programs, advice or facilities provided by any such Fitness Resources, and ThatBadassBroad.com is not responsible or liable for any relationship between you and any Fitness Resource. You should conduct your own research before selecting a Fitness Resource. Selecting a Fitness Resource from a directory feature on the website is not a substitute for a thorough investigation of the Fitness Resource’s certifications, degrees and training, professional experience, scope of practice and insurance reimbursement options. Although this website may include comments or endorsements from Fitness Resources, we also do not endorse Fitness Resources providing an endorsement, comment or other content. In no event will ThatBadassBroad.com be liable to you for any direct, indirect, special, or other consequential damages arising out of the use or inability to use any directory feature on our website, including, without limitation, any losses, damages, liabilities, or claims that may result from receiving advice from, purchasing, or contracting with any Fitness Resource whose name or other information appears on this website.

For Fitness Resources

It is a condition of your inclusion in any directory feature or similar tool on the website that the information you provide to be used in such directory is correct, current and complete, and a true and accurate representation of your qualifications and skills. By submitting information to ThatBadassBroad.com for use in any directory feature and for the duration such information is publicized in any directory feature, you represent and warrant that you: (a) are a certified personal trainer, strength and conditioning coach, or medical professional; (b) you have the right to publish such information as submitted; and (c) you have the right to advertise your services using the information you submitted. You grant ThatBadassBroad.com a perpetual, unrestricted, sublicensable, assignable, worldwide, royalty-free license to use, reproduce, display, perform and prepare derivative works from any information you submit to ThatBadassBroad.com for inclusion or use in any directory feature. ThatBadassBroad.com is not liable to you for any direct, indirect, special, or other consequential damages arising out of your submission of information to or use of any directory feature on our website, including, without limitation, any losses, damages, liabilities, or claims that may result from how your information appears on this website.

Your Comments, Postings, and Ideas

This website may provide opportunities for you to post or submit your feedback, comments, ideas, or similar items. Any comments, ideas, or information that you submit through this website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). You are solely responsible for the content you transmit or post, and we assume no responsibility or liability for any content submitted by you or any other visitor of our website. You agree your postings will only reflect your own experience, truthfully as you understand it. You agree you will not impersonate any person or use a false identity (the name of some other living person) although you may use a first-name only, nick-name, or pseudonym as long as you clearly identify as such. You agree that you will not send or transmit any communication or content that infringes or violates any rights of any party.

If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this website, you hereby grant us a perpetual, unrestricted, sublicensable, assignable, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, create derivative or collective works, and distribute them in any medium, in whole or in part, including all intellectual property rights therein, and agree that we are free to use them for any purpose.

We may remove or refuse to post any of your contributions for any or no reason in our sole discretion. We may also take any action, including disclosing your identity or other information about you, with respect to any user contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website or the public, or could create liability for ThatBadassBroad.com.

Obscene And Offensive Content

We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to miriam[at] ThatBadassBroad.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.

This website may contain links to websites that are not operated by us. These links are provided for your convenience and do not imply any endorsement of the material on these third-party websites. Since we do not control these websites, we are not responsible for their content. These third-party websites may contain information about health and fitness topics, equipment, devices, products or therapies that have not been approved or cleared by the Food and Drug Administration. We do not endorse any such information. These third-party websites may contain information that is inaccurate, incomplete, or outdated. You access and use these websites solely at your own risk. You should read the Privacy Policy and terms of use of any such site you visit.

Security

While we take reasonable measures to protect your information, we cannot give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information, or view such information in-transit over the Internet and/or through email or other methods. By submitting information to ThatBadassBroad.com, you agree that you are aware of these risks. If you do not wish to submit your information electronically, do not do so; however, in such case you may not be able to make use of the full functionality of this website. You agree that ThatBadassBroad.com is not responsible or liable for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.

Communicating with You

You agree that we may communicate with you through any and all contact information and methods you provide to us, including but not limited to text message, email, telephone, social media account, fax, and/or postal mail.

Health Disclaimers

DO NOT USE THIS WEBSITE TO COMMUNICATE OR MANAGE MEDICAL EMERGENCIES. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY YOU SHOULD CALL 911 IMMEDIATELY OR SEEK OTHER APPROPRIATE MEDICAL ASSISTANCE.

This website is an educational service that provides general health information. The materials in http://ThatBadassBroad.com are provided “as is” and without warranties of any kind either express or implied.

AS AN EXPRESS CONDITION TO USING THIS WEBSITE, YOU MUST AGREE TO THE FOLLOWING TERMS. IF YOU DISAGREE WITH ANY OF THESE TERMS, DO NOT USE OUR WEBSITE. YOUR USE OF THIS WEBSITE, AND ANY PARTICIPATION IN ACTIVITIES MENTIONED ON THIS WEBSITE, MEAN THAT YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS.

1. The website’s content is not a substitute for direct, personal, professional medical care and diagnosis. None of the exercises or treatments (including products and services) mentioned at http://ThatBadassBroad.com should be performed or otherwise used without clearance from your physician or health care provider. The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on this website should be misconstrued to mean otherwise.

2. There may be risks associated with participating in activities mentioned on http://ThatBadassBroad.com for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in such activities if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.

3. Facts and information are believed to be accurate at the time they were placed in or with pre-existing physical or mental health conditions. All data provided in this website is to be used for information purposes only. Products and services described are only offered in jurisdictions where they may be legally offered. Information provided is not all-inclusive, and is limited to information that is made available and such information should not be relied upon as all-inclusive or accurate.

4. You agree to hold or with pre-existing physical or mental health conditions., its owners, agents, independent contractors and employees harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of the activities discussed on this website, excepting only claims for gross negligence or intentional tort.

5. You agree that any and all claims for gross negligence or intentional tort shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All arbitration must occur in Burlington, VT and Vermont law shall govern. Arbitration fees and costs shall be split equally, and you are solely responsible for your own lawyer fees.

If you have any questions about these disclaimers or about testimonials, reviews, and/or examples found at http://ThatBadassBroad.com, please send an e-mail to miriam[at] ThatBadassBroad.com.

Please note that the content of this page can change without prior notice.

This Health Disclaimers were last updated on 8-4-2022.

WARNING:

Always consult your personal physician prior to changing or undertaking a new diet or exercise program. Your physician is in the best position to evaluate whether any particular diet or exercise program is best for you. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, obese, heart issues, poor health or with pre-existing physical or mental health conditions. This information is not intended to diagnose, treat, cure, or prevent any disease. http://ThatBadassBroad.com is not intended to be a substitute for professional medical advice or treatment. The information on this site is for Educational Purposes Only and is not designed to diagnose, treat, mitigate, prevent or cure any health conditions. The U.S. Food and Drug Administration has not evaluated statements about these health topics or any suggested product compositions.

DISCLAIMER OF WARRANTIES, INDEMNIFICATION, AND LIMITATION OF LIABILITY

THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL ACCESS TO THIS WEBSITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. THATBADASSBROAD.COM DOES NOT ASSUME ANY RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATIONS EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR DOWNLOADING ANY OF ITS CONTENT. BY VISITING THIS SITE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THATBADASSBROAD.COM, OUR VENDORS AND ADVERTISERS, AND ALL OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY “THATBADASSBROAD.COM PARTIES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, JUDGMENTS, AND SETTLEMENT, ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS OF USE OR YOUR USE OR MISUSE OF THIS WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION OR PROBLEMS WITH THIS WEBSITE OR ANY OF ITS CONTENT IS TO STOP USING THE WEBSITE.

TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THIS WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEBSITE OR ANY INFORMATION PUBLISHED ON THIS WEBSITE.

BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU, YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, WILL THIS WEBSITE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, ARISING UNDER THE THEORY OF LAW, STATUTE, REGULATION, OR RULE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, ACCESS, REVENUE OR PROFITS, OR PERSONAL INJURY/WRONGFUL DEATH. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASES AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF THIS WEBSITE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THATBADASSBROAD.COM. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

SOME STATES DO NOW ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THIS WEBSITE AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED TEN DOLLARS ($10.00) U.S. DOLLARS.

Arbitration

Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Burlington, Vermont. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding.

Governing Law and Statute of Limitations

Any claims relating to, and the use of, this website are governed by the laws of the State of Vermont, without giving effect to any choice or conflict of law provision or rule.

For enforcement of any arbitration award, or in the event arbitration is not permitted or required, then for any claim or action that may be submitted to any court, by using this website, you consent to personal jurisdiction in the federal and state courts of Vermont, which will have exclusive jurisdiction for any action arising out of or relating to this website or your use of this website. Such claim or actions shall be instituted exclusively in the federal or state courts located in the City of Burlington, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Before seeking any legal remedy for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and give us 30 days to cure the harm before initiating any action. You must indicate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.

No Class Actions

You agree to bring any claim or cause of action arising under or related to these Terms of Use, the website, or any dispute with ThatBadassBroad.com in your individual capacity, and not as a member or representative of any class or collective action.

General

You may not assign any rights or obligations under these Terms of Use without ThatBadassBroad.com’s prior written consent. ThatBadassBroad.com may assign part or all of these Terms of Use. All sections of these Terms of Use which by their nature are designed to survive expiration or termination of these Terms of Use will survive. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and ThatBadassBroad.com, superseding any other agreement between you and ThatBadassBroad.com with respect to such subject matter. If any provisions of these Terms of Use are found to be unenforceable, such provision shall be deemed modified to the minimal extent necessary to render it enforceable and if that is not possible such provision shall be deemed severed, and the other provisions will still remain in full force and effect.

Contact Information & Notices

Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to legal[at]ThatBadassBroad.com, and providing us with information relating to your concern.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: miriam[at] ThatBadassBroad.com.

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