Last modified: August 2022
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.
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/
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
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.
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
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
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.
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.
Links to Other Websites
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.
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.
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
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.
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
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.