Welcome to Empowerise (the “Website”), a training and wellness platform owned and operated by Empowerise LLC (“Empowerise,” “we,” “us,” or “our”) that offers various resources, tools, and services to help individuals achieve their personal development and well-being goals (the “Empowerise Services”). The Empowerise Services encompass all interactions and content accessible through our website, mobile app, or other digital channels.
These terms and conditions constitute a legally binding agreement between you and Empowerise regarding your use of the Website and your access to and use of the Empowerise Services. By accessing the Website or using the Empowerise Services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions, including any additional guidelines, the Empowerise Privacy Policy, and any future modifications thereof (collectively, the “Agreement”).
IF YOU DISAGREE WITH ANY PART OF THIS AGREEMENT OR THE EMPOWERISE PRIVACY POLICY, YOU SHOULD REFRAIN FROM USING THE WEBSITE AND THE EMPOWERISE SERVICES AND DISCONTINUE YOUR USE IMMEDIATELY.
To register as a Member or utilize the Empowerise Service, you must be at least eighteen (18) years of age or have reached the age of majority in your place of residence. Membership in the Empowerise Service is limited to natural persons,. By using the Empowerise Service, you affirm and guarantee that you possess the right, authority, and capacity to enter into this Agreement, and you commit to adhering to its terms.
Empowerise, along with its licensors, retains all proprietary rights related to the Website and/or the Empowerise Service. This includes the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and other components of the Empowerise Service (collectively referred to as the “Empowerise Materials”). These materials are safeguarded by copyright, trade dress, patent, trademark laws, international conventions, and other relevant intellectual property and proprietary rights, as well as applicable regulations. With the exception of information in the public domain or for which you have received explicit written consent, you are prohibited from copying, modifying, publishing, transmitting, distributing, licensing, performing, displaying, or selling any Empowerise Materials. User Content (as defined below) or other content submitted by Users is not considered part of the Empowerise Materials. Empowerise reserves all rights not explicitly granted in this Agreement. You do not acquire any rights, titles, or interests in the Website, the Empowerise Service, or Empowerise Materials, except for the limited rights specified in this Agreement.
Content made available through the Website and/or the Empowerise Service, including advice, opinions, statements, offers, or other information or content, such as User Content (as defined below), that is not provided directly by Empowerise, reflects the views of their respective authors and should not necessarily be relied upon. These authors are solely accountable for their content. Empowerise does not:
(1) Guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Website and/or the Empowerise Service, or
(2) Adopt, endorse, or assume responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party appearing on the Website and/or the Empowerise Service.
Under no circumstances will Empowerise or its affiliates be liable for any loss or damage resulting from your reliance on information or other content posted on the Website and/or the Empowerise Service or transmitted to or by any Users or Members.
Empowerise reserves the right, at any time and without prior notice, to modify or discontinue, either temporarily or permanently, the Empowerise platform or any part of it. Users acknowledge and agree that Empowerise shall not be liable to them or any third party for any such modification, suspension, or discontinuance of the platform.
You are responsible for safeguarding the confidentiality of your username and password used to register, purchase, and access the Empowerise Services. You agree to:
(a) Promptly notify Empowerise of any unauthorized use of your username or password or any other security breach.
(b) Ensure that you log out of your account after each use and exit any coaching sessions to prevent unauthorized access.
Empowerise will not be held liable for any loss or damage resulting from your failure to adhere to these security measures. Exercise caution when accessing your account from public or shared computers to prevent others from viewing or recording your password or other personal information.
Your interactions with other users of the Empowerise Website (“Users”) or members (“Members”) are your sole responsibility. Empowerise does not make any representations or warranties regarding the conduct of Users or Members, and shall not be held liable for any actions or behaviors of any User or Member. You agree to exercise reasonable caution and discretion in all interactions with other Users and Members, especially if you choose to meet offline or in person with a User or Member.
You should refrain from sharing your financial information, such as credit card or bank account details, with other Users or Members.
By using Empowerise, you hereby release Empowerise, its affiliates, contractors, employees, agents, third-party partners, or suppliers from any and all claims, demands, damages (whether actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedies. This release encompasses claims of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising from or in any way connected to your interactions with other Users or Members.
Users are solely responsible for the accuracy and appropriateness of the content they post on Empowerise (referred to as “User Content”). This includes any content that is published, displayed, or transmitted to other Users and/or Members in any form. Empowerise may, at its discretion, moderate, review, and delete, either partially or entirely, any User Content that is deemed by Empowerise to violate this Agreement, potentially offensive or unlawful, or that may infringe upon the rights or safety of other Users or Members.
By posting User Content on any public area of Empowerise, Users automatically grant Empowerise, its affiliates, licensees, and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such User Content. Users also grant each User and Member of Empowerise a non-exclusive license to access their User Content within the functionality of Empowerise. In connection with User Content, Users affirm, represent, and/or warrant that they own, or have the necessary licenses, rights, consents, and permissions to post the User Content on Empowerise, to authorize Empowerise to use the User Content as outlined in this Agreement, and that the public posting and use of the User Content will not infringe upon the rights of any third party or violate any applicable law or regulation.
The following is a partial list of the types of User Content that are illegal or prohibited on Empowerise. Empowerise reserves the right to investigate and take appropriate action, at its sole discretion, against Users who violate this provision. This may include removing the offending content from Empowerise and terminating the membership of such violators. Prohibited User Content includes but is not limited to content that:
Users are required to maintain accurate, current, and complete information in their member profiles, including billing account information. Users must promptly notify Empowerise of any changes that render the information inaccurate, misleading, or false.
Empowerise reserves the right to investigate and terminate the membership of Users who have misused the platform, behaved inappropriately, or engaged in unlawful or illegal conduct. Prohibited activities include but are not limited to:
In order to maintain the integrity of the Empowerise platform, Empowerise reserves the sole discretion to block Users or Members from accessing the platform based on their IP addresses at any time.
Empowerise reserves the right to terminate or suspend your use of the Empowerise Services without prior notice in cases it deems unacceptable at its sole discretion. Such reasons may include, but are not limited to (1) payments late more than 30 days, (2) improper or harmful conduct to the best interest of Empowerise or others, (3) instances of fraud or violations of obligations under these Terms and Conditions, including unauthorized copying or downloading of content from the Services.
Empowerise shall not be obligated to provide any refunds for services under any conditions.
You or Empowerise may terminate your account and/or use of the Empowerise Services. If you are dissatisfied with:
(1) Any terms and conditions of these Terms and Conditions, or any policies or practices of Empowerise in operating the Website.
(2) Content available through the Empowerise Services or any changes therein.
(3) The amount or type of fees or billing methods, or any changes therein.
Your sole recourse is to terminate your account and/or use of the Empowerise Services through our cancellation system. Notice of termination will be effective upon receipt by Empowerise. If your account is terminated or canceled, no refunds of any fees, including monthly membership fees, will be granted. Fees paid for any Service are non-refundable in whole or in part and are paid at the beginning of the subscription cycle.
Empowerise may occasionaly conduct promotional campaigns that may encompass bonus time on subscription dues, reduced rates, or other incentives for enrolling in Empowerise services. All incentive programs are subject to the Empowerise Terms and Conditions.
Please note that new enrollment incentives are exclusively available to first-time clients. Current members may not be eligible for ongoing discounts or promotions.
Empowerise may also organize promotions exclusively for current and active clients. The terms and conditions associated with internal marketing initiatives can vary based on the type of promotion, and specific program details may not be outlined within this document.
By enrolling in any Empowerise program and completing a purchase of any Empowerise service, you acknowledge and agree that you have read, understood, and accepted the Terms, Conditions, Procedures, Rules & Regulations of Empowerise. Additionally, you acknowledge and consent to the following cancellation and refund policy:
(1) All purchases made for our coaching programs are non-refundable during the initial 30-day period from the program’s start date. We encourage you to use this period to fully engage in the program and benefit from the support and guidance provided by our expert coaches. There is no long-term contract, so you have the flexibility to cancel anytime after your first month of enrollment. Please note that you will be billed in full for any work conducted by Empowerise on your behalf within the first 30 days, and no refunds will be issued.
(2) Work completed by Empowerise includes, but is not limited to, tasks such as processing your enrollment, communication (automated or live), administrative tasks carried out by Empowerise, or any activities related to your program. This encompasses technology service set-up (Empowerise app), agreement generation, workout programming, meal planning, whether completed or in progress.
(3) You acknowledge that there are no refunds for the first month’s subscription fees for any program, meal plans, and coaching services delivered by Empowerise employees, contractors, or agents, whether automated or otherwise.
(4) Empoweris subscription programs are 30-day commitments. If you choose to terminate your coaching program early for any reason, you will be responsible for fulfilling the terms of the agreement, and no refunds will be granted.
(5) Empowerise subscription programs may be canceled after 30 days as mentioned above, and no refunds will be provided.
(6) In the event that the purchaser/member becomes legally disabled or passes away during the agreement term, they and their estate shall be relieved of the obligation to pay any remaining balance.
(7) There are no refunds for any delivered meal plans or nutrition coaching services, including the nutrition coaching and meal planning services.
(8) You acknowledge that scheduling coaching sessions is your responsibility, and these sessions do not carry over monthly or accumulate. Each Empowerise program may include a set monthly series of coaching sessions, and they expire at the end of each billing cycle. They are non-refundable. You are permitted to miss or reschedule coaching sessions only one (1) time per month. Failure to attend scheduled coaching sessions will result in forfeiture after the second no-show, and no refunds or credits will be issued. Empowerise may, however, make accommodations for planned absenteeism, emergencies, vacations, or limited terms as agreed upon separately from this agreement. Please coordinate such accommodations with your Empowerise coach.
You may cancel your recurring dues by providing written notice to info@empowerise.me or directly to your Coach at least 5 DAYS PRIOR to your billing date. Please use the app messenger to message your Coach, who will assist you in the cancellation process. Note that simply messaging your Coach will not cancel your membership. You are responsible for completing the cancellation process, and no refunds will be issued.
Your use of and participation in Empowerise’s services are governed by the terms outlined in our Privacy Policy, accessible at empowerise.me/privacy-policy. Please review the Privacy Policy to understand how your information is gathered and employed in the course of using our services.
The information provided through the Website and/or the Empowerise Service may include general health information. THE EMPOWERISE SERVICE AND WEBSITE DO NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR CARE. Any specific medical inquiries related to your particular medical condition, treatment, care, or diagnosis must be directed to your healthcare professional. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BASED ON ANY INFORMATION CONTAINED IN OR RELATED TO THE WEBSITE AND SERVICE. You confirm that you are in good physical condition and have no medical reasons, impairments, or disabilities that might prevent you from utilizing all Empowerise programs or services. Consequently, you acknowledge that Empowerise did not provide medical advice before your enrollment, cannot offer any advice after your enrollment, and cannot discuss such matters with your physician before participating in any programming.
Prior to commencing any fitness or nutrition program, it is imperative that you consult with your physician. This consultation is essential to ascertain whether the fitness or nutrition program aligns with your specific requirements. If your physician advises against participating in a fitness or nutrition program, it is crucial that you refrain from doing so.
Your utilization of the ServiceS is undertaken at your own risk. By using the Services, you affirm that you do not have any of the following medical conditions unless expressly approved by a physician to engage in physical activity despite such conditions:
(1) Heart and/or blood pressure conditions;
(2) Chest pains;
(3) Loss of balance due to dizziness;
(4) Loss of consciousness;
(5) Bone or joint problems that could be aggravated by a change in physical activity; or
(6) A history of high blood pressure or heart problems (including within your immediate family).
Moreover, if you are pregnant or breastfeeding, you must have consulted with a physician regarding your use of the Services.
Empowerise retains the right to decline or terminate your membership if it is determined that you have certain medical conditions or if the representations mentioned above are found to be untrue in any regard. Your health and safety are of utmost importance, and adherence to these guidelines ensures that you engage in physical activity responsibly and with proper medical consideration.
You understand that Empowerise’s Services may incorporate, display, or provide access to content, data, information, applications, or materials from third-party sources or include links to specific third-party websites (referred to as “Third Party Materials”). As part of your use of Empowerise, you agree that we, our affiliates, and third-party partners may display advertisements within the Services.
You acknowledge and agree that Empowerise is not responsible for examining or assessing the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of these Third Party Materials. We explicitly disclaim any responsibility for all facets of the Third Party Materials. Furthermore, you understand and accept that Empowerise will not be held responsible or liable, either directly or indirectly, for any damage or loss that may be caused or claimed to be caused by, or in connection with, the use of or reliance on any content, goods, or services associated with Third Party Materials.
The use of third-party trademarks or third-party content in conjunction with Empowerise’s Services does not imply any affiliation with or endorsement by these third parties. These Terms do not grant you any license to third-party trademarks or content, which shall remain the exclusive property of their respective owners.
Participation in online training sessions or other programs through the Empowerise Website and/or Services carries inherent risks. Empowerise is not responsible for any personal injury or death resulting from the use of its Website and/or Services, including participation in online training sessions. By using Empowerise, you release the company from all liability for injuries or fatalities resulting from your participation in a training session or the use of the Website and/or Services. It is strongly recommended that members consult a physician before commencing use of Empowerise or any exercise program. Empowerise, its affiliates, contractors, employees, agents, or third-party partners or suppliers will not be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, data, or use, or the cost of cover, under any legal theory, including negligence, even if Empowerise has been advised of the possibility of such damages. This limitation of liability is applicable unless restricted by local jurisdiction, in which case Empowerise’s liability will be limited to the extent permitted by applicable laws.
The nutrition advice provided by Empowerise is based on the information you provide through a questionnaire. You are responsible for providing complete and accurate information. Empowerise offers general nutrition education and coaching and is not a medically supervised program. Any meal program or exercise advice created by Empowerise is a recommendation, and you voluntarily choose to participate or follow such advice, meal plans, or exercise suggestions. Empowerise’s services are not intended to cure, prevent, diagnose, alleviate, or treat any medical conditions, diseases, physical, or mental health issues. Empowerise licenses a third-party provider for nutrition and meal planning services, and all meal plans are generated based on client-submitted data.
By participating in Empowerise’s nutrition program under its guidance, you release and discharge Empowerise, along with its agents, heirs, assigns, contractors, and employees, from any and all claims, demands, damages, rights of action, or causes of action arising out of your participation in any nutrition program, including injuries. You acknowledge that no warranties or representations have been made regarding the results you may achieve, as results are individual and may vary.
You acknowledge that certain foods can trigger allergic reactions, potentially fatal, especially those containing nuts, and have disclosed any known food allergies or sensitivities. You are aware that specific foods can interact with certain medications and have discussed potential interactions and side effects with your doctor or pharmacist. You understand that the food suggestion plan you receive does not consider your medications and that you should consult your doctor before starting a new diet plan if you are on medications. If you are pregnant, lactating, have specific medical conditions, or require special dietary restrictions, you must obtain permission from your physician before participating in Empowerise’s nutrition program.
You agree to indemnify and hold Empowerise, its parent company, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees harmless from any loss, liability, claim, damages, obligations, or demand, including attorney’s fees, made by any third party due to or arising out of:
(1) Your use of the Empowerise Website and/or Services.
(2) Your violation or breach of this Agreement.
(3) Your User Content.
(4) Any breach of your representations and warranties set forth in this Agreement.
Empowerise reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Empowerise. You agree to cooperate with Empowerise’s defense of these claims and not to settle any matter without Empowerise’s prior written consent. Empowerise will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Empowerise may provide you with notices via email or mobile app push notifications.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
The Empowerise Website and Services are controlled and operated by Empowerise, and this Agreement, the Website, the Services, and any use of them shall be governed by the laws of the state of [Your State] and the laws of the United States of America applicable therein without reference to principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in the State of [Your State], and you agree that all disputes shall be heard in such courts. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Empowerise to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
This Agreement constitutes the entire agreement between you and Empowerise relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in writing, signed by both parties, or by a change to the Agreement made by Empowerise as set forth in Section 4 above.
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 Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Empowerise without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
YOU AND EMPOWERISE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EMPOWERISE WEBSITE AND/OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You understand that coaching calls with any Empowerise contractors or staff may be recorded for quality and training purposes, with or without notice. You hereby give permission to Empowerise to record your coaching calls and understand that copies of your coaching calls may be requested for personal reference.
Empowerise provides its services on an “as is” and “with all faults” basis, without any warranties, express or implied. The company expressly disclaims all representations and warranties, whether provided by the company or any third party, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and any implied warranties arising from course of dealing, course of performance, or usage in trade. Users are responsible for the total risk associated with using the services, and there is no guarantee that the services or any content available through them are accurate, complete, available, current, free of viruses or defects, or suitable for meeting individual requirements. Any advice or information obtained from the company does not create any warranty beyond what is expressly stated in this agreement.
If you have questions, comments, or concerns regarding this Privacy Policy or the information collection and usage practices of Empowerise, please contact us via email at info@empowerise.me.
Last updated: 05/09/2023
