TERMS OF USE AND CONDITIONS OF SALE

PeachfIt LLC

Website Terms of Use and Conditions of Sale

Rev. October 15, 2025

TERMS OF USE AND CONDITIONS OF SALE

OVERVIEW

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND OUR TERMS OF USE AND CONDITIONS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, OR MAKING A TRANSACTION THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 15 AND 16). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of https://peachfit.com/, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Peachfit LLC (“Peachfit,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read these terms carefully. We offer the Website, including all information, tools, interactive materials, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or making a transaction over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 17 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 17 BELOW, WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

TABLE OF CONTENTS

Overview

Table of Contents

  • Website Use

  • Privacy and Security Disclosure

  • General Conditions and Website User Conduct Restrictions

  • Products Sold for Personal Use Only

  • No Medical Advice, and the Accuracy, Completeness, and Timeliness of Information

  • Education Disclosure; No Results Guarantee; Health and Safety Notice

  • Modifications to the Website and Prices

  • Account Registration

  • User Communications

  • Order Placement and Acceptance

  • Refund Policy

  • Payment

  • Social Media

  • Digital Millennium Copyright Notice

  • DISCLAIMER OF WARRANTIES

  • LIMITATIONS OF LIABILITIES

  • DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

  • Indemnification

  • Third-Party Websites and Links

  • Testimonials, Reviews, and Other Submissions

  • Electronic Communications

  • Assignment

  • No Waiver

  • Severability

  • Termination

  • Entire Agreement

  • Questions or Additional Information

TERMS OF USE AND CONDITIONS OF SALE

  1. Website Use

By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

  1. Privacy and Security Disclosure

Apha Female Fitness’ Privacy Policy may be viewed here. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

  1. General Conditions and Website User Conduct Restrictions

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, abusive, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.

Peachfit reserves the right to terminate your access to the Website or any of its products or services if it determines that you (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of Peachfit’ss rights or interests in its Website, products, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. Peachfit may take any other actions necessary in this regard or seek any remedies permitted by law.

  1. Products Sold for Personal Use Only

You further agree that any products or services you purchase from Peachfit on or through the Website will be used for your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product that you order from the Website. Resale of any physical products outside of authorized channels can result in the product becoming materially different, which may affect safety, efficacy, or the ability to honor warranties or guarantees. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

  1. No Medical Advice and the Accuracy, Completeness, and Timeliness of Information

The material on the Website is provided for general informational purposes only and is not intended as medical advice or as a substitute for seeking advice from a qualified healthcare provider. The statements made on this Website have not been evaluated by the Food and Drug Administration. You should consult your healthcare provider before using any information provided by Peachfit.

While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

Peachfit does not make any guarantee that you will accomplish your health and wellness goals. Your results may vary depending upon a variety of factors unique to you, such as your age, health, and genetics.

  1. Education Disclosure; No Results Guarantee; Health and Safety Notice

Peachfit is a privately-owned for profit company that provides general fitness and nutrition education, and this Website is for general education and informational purposes only. It is not, and is not affiliated with any, educational institutions or other accredited entities. We do not register students, do not offer accredited courses or programs of study, and do not grant a degree or diploma upon completion of our programming. As such, Peachfit does not intend to provide, or purport to provide, in any way, education, course materials, or training that is required by any law or employer, and is not intended nor implied to be a substitute for education provided by an accredited entity. You assume full responsibility for how you choose to use the information provided by Peachfit. Peachfit does not provide any guarantee regarding the amount of success you could or will have, nor any guarantee regarding ability to get or create jobs upon completion of our programs.

You understand and agree that participation in our fitness programs, including any exercise routines, nutrition advice, or wellness recommendations provided through this website, is undertaken at your own risk. We do not guarantee or warrant that you will achieve any specific results, including but not limited to weight loss, muscle gain, performance improvements, or other health outcomes. Individual results vary based on numerous factors, including but not limited to your personal health history, level of commitment, adherence to recommendations, and other lifestyle factors.

Our content is intended for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. You should consult your physician or other qualified healthcare provider before starting any new fitness, nutrition, or wellness program—especially if you have any pre-existing medical conditions, injuries, or concerns.

By using our services, you represent that you are in good physical health, have received appropriate medical clearance, and will immediately stop any activity that causes pain, dizziness, or discomfort and seek appropriate medical attention. You agree to take full responsibility for your health, safety, and any injuries or damages that may occur in connection with your participation.

  1. Modifications to the Website and Prices

We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.

  1. Account Registration

In order to access some of the products or services of the Website, you may be required to create an account. By creating this account, you agree to the following:

  • You may only maintain a single account;

  • You may never share your account user name or password or knowingly provide or authorize access to your account;

  • You may never use another user’s account without permission;

  • When creating your account, you must provide accurate and complete information including but not limited to a valid e-mail address for fulfillment of any products or services you access through our Website, and accept complete responsibility for modifying your e-mail address should it change at any time;

  • You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;

  • You must notify us immediately of any breach of security or unauthorized use of your account; and

  • You will be liable for any use made of your account or password and the losses of Peachfit or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.

Peachfit has the right, in its sole discretion, to cancel your account or suspend your access to the Website.

  1. User Communications

By using any Peachfit services, and accessing the services, you expressly consent to receive electronically all communications, agreements, documents, notices and disclosures (“Notices'') that we provide in connection with your account and your use of the services. Notices may, without limitation, take the form of electronic mail, in-app messages, and in-Website communications. Additionally, Notices may take the form of electronic mail containing promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive such promotional emails, you may unsubscribe at any time by following the instructions within, and Peachfit will honor any requests to unsubscribe within 30 days.

Peachfit may, at its discretion, use SMS services to deliver Notices to end users and clients. The information received is requested by the end user or is based on an existing business relationship or transaction with Peachfit. The information sent does not contain advertising or a solicitation. Message frequency varies. Message and data rates may apply. Users can text HELP to the sending number for help and reply STOP to cancel receiving text messages. Carriers are not liable for delayed or undelivered messages.

  1. Order Placement and Acceptance

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny anyone’s order for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order.

  1. Refund Policies

Digital Course: The Peachfit "Fat to Jacked" program is a 3 month payment system. The first payment will be taken when the product is purchased. The remaining two payments will be collected the following months exactly one month apart from each corresponding payment.  By completing your purchase, you agree to complete all future payments to Peachfit until the balance is paid in full. 

We offer a 30-day money back guarantee to all customers who are eligible.

30 Day Money Back Guarantee

We want to see our customers succeed and achieve their goals, so we offer a results guarantee with a 30 day full money back guarantee for those who complete the requirements.

Requirements:

- Customer must complete and follow the Fat To Jacked program.

- Customer must fill out all program worksheets and provide them as proof during refund request submission.

- Customer must track calories or follow a provided meal plan for a minimum of 14 days and provide proof during refund request submission.

- Customer must provide a picture of starting weight and end weight with time stamps at time of refund request submission.

If you complete all requirements within 30 days, you will receive full refund. Refund request must be submitted to [email protected]


Digital E-Books: We offer a 30-day money back guarantee on purchases of E-Books. To qualify for a refund, you must request a refund within 30 days of purchase date. Refund requests must be submitted to [email protected]

Custom Diet and Fitness Plans: Due to the custom nature of our advanced fitness coaching program where our trainers provide personalized service, this program is non-refundable. However, because Peachfit is committed to helping our clients succeed, programs may come with a Results Guarantee for those enrolled in three month, six months, or one year programs. Your results are guaranteed by the end of 90 days of adherence to the program or your money back. To qualify for a refund, members must follow the custom training plan and meal plan provided by their trainer, submit weekly measurements, complete weekly check-ins, take before and after photos every 2 weeks, and retain proof of email communications over the 12 week period. If no results are achieved based on measurement changes or before and after photos after 12 weeks, members qualify to request a refund. Refund requests must be submitted to Coaching@peachfitwellness.com no later than 7 days of completion of the first 90 days.

  1. Payment

All charges are in U.S. Dollars. By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iv) you will be responsible for any payment card fees; and (v) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated payment card information from your card issuer, such as updated card numbers and expiration date information when your payment card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your payment card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your payment card’s updating service, you should contact your payment card issuer.

We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

  1. Social Media

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Peachfit, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

  1. Digital Millennium Copyright Notice

a. DMCA Notice

This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact person:

Notification of Claimed Infringement:

Peachfit LLC Legal Department

Attn: DMCA/Copyright Agent

P.O. Box 65

Meridian, CA 95957

Email: [email protected]

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in a delay in the processing of your complaint.

b. Intellectual Property Rights, License

The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Website (the “Content”) are owned or licensed by and to Peachfit or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Peachfit, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms or expressly granted to you in writing by Peachfit, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of Peachfit.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in these Terms or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

c. Copyright

The copyright in all materials provided on the Website is owned by Peachfit or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Peachfit. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Peachfit may revoke any of the foregoing rights at any time. You may not, without Peachfit’s prior written consent, "mirror" any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

d. Trademarks

The trademarks, service marks and logos ("Trademarks") used and displayed on the Website are registered or unregistered Trademarks of Peachfit. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of Peachfit, or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of Peachfit. Peachfit prohibits the use of any Peachfit logo and Trademark as a "hot" link to any web site unless establishment of such link is approved in advance by Peachfit in writing.

  1. DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS AND SERVICES PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  1. LIMITATIONS OF LIABILITIES

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL PEACHFIT OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS AND SERVICES, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE, REGARDLESS OF WHETHER PEACHFIT HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, PEACHFIT IS FOUND LIABLE UNDER ANY THEORY, PEACHFIT’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER PEACHFIT WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

  1. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND PEACHFIT ON AN INDIVIDUAL BASIS.

YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, PEACHFIT’S PRIVACY POLICY OR TERMS, PEACHFIT’S ADVERTISING OR MARKETING PRACTICES, OR PEACHFIT’S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE OF CALIFORNIA TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND PEACHFIT AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT PEACHFIT’S CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT PEACHFIT HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF CALIFORNIA FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF PEACHFIT’S INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.

UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU ACCESSED A PRODUCT OR SERVICE THROUGH PEACHFIT’S WEBSITE BY SENDING A LETTER TO: PEACHFIT LLC ATTN. LEGAL DEPARTMENT, P.O. BOX 65, MERIDIAN, CA 95957, STATING YOUR NAME, THE PRODUCT YOU ACCESSED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.

  1. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Peachfit, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.

  1. Third-Party Websites and Links

Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

  1. Testimonials, Reviews, and Other Submissions

Peachfit is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that anything you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, progress reports, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and that we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form. You agree that any Submission that you provide us is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that Peachfit may use a Submission, in whole or in part, together with the name of the person submitting it. You agree that Submissions, including testimonials, may be used for any form of advertising relating to Peachfit’s products or services, in printed and online media, as Peachfit determines in its absolute discretion.  These testimonials do not represent the generally expected user experience.

  1. Electronic Communications

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

  1. Assignment

You may not assign any of your rights under these Terms, and any such attempt will be null and void. Peachfit and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Peachfit’s business is transferred to another entity by way of merger, sale of its assets or otherwise.

  1. No Waiver

No waiver by Peachfit of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Peachfit to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

  1. Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

  1. Termination

In the event that we terminate this Agreement, Sections 1-27, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

  1. Entire Agreement

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Peachfit, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

  1. Questions or Additional Information

If you have any questions regarding your account, any product or service, or these Terms, please contact our customer support team by phone, mail, or email at the following:

Peachfit LLC

P.O. Box 65

Meridian, CA 95957

[email protected]