WEBSITE TERMS OF USE

Last Revised: April 6th, 2023

These “Terms of Use” govern the use of the websites, www.workingagainstgravity.com, www.getseismic.com, all other websites that link back to these Terms of Use, and all web pages and content therein (collectively, the “Websites”). The Websites are provided by Harry & Lloyd’s LLC (“Company,” “we,” “us,” or “our”).

By accessing or using the Websites, you (“you” or “user”) agree to be bound by the Terms of Use. if you disagree with any of the following terms, please do not use or access the Websites.

Company may make changes to the Terms of Use at any time without notice to you. The revised terms of use shall be posted on the Websites. You are responsible for regularly reviewing these Terms of Use. Your continued use of the Websites following any changes shall constitute your acceptance of such changes. If you do not agree to the Terms of Use, then you may not use the Websites. Please read carefully, and note ourMANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.

While these Terms of Use apply to our Websites, please be aware that additional terms and conditions may apply to the use of our services, such as the Platform Terms and Conditions. To the extent that there is any conflict between these Terms of Use and any terms and conditions or agreements relating to services or products you receive from Company (such as the User Account Terms and Conditions), those other terms and conditions or agreements will govern.

1. Ability to Accept Terms of Use and Child’s Privacy

You affirm that you are either more than 18 years of age, an emancipated minor, or, if you are between 16 and 18 years of age, have provided to us a consent form, available here, signed by a parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Individuals under the age of 16 (“Minors”) are not permitted to use the Websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from Minors or knowingly allow such persons to register for an online account or to post personal information through our Services.

2. Your Account

If you register for an account on the Websites, you are solely responsible for maintaining the confidentiality of any password(s) you are given to access the Websites, and are fully responsible for all activities that occur under your password(s). You agree to notify Company immediately of any unauthorized use of your password(s). You are responsible for ensuring that your personal information and other data you submit to us is true, accurate, and up to date at all times. You agree not to misrepresent your identity. We have the right (but not the obligation) to require you to change your password.

3. Termination/Suspension of Account

You agree that we may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Websites, including any account thereon, without notice, and for any reason in our sole discretion, including, without limitation, violation of these Terms of Use or our belief that your use or access would violate or is violating any applicable law or would be or is harmful to the interests of or potentially cause financial loss or legal liability to us, another user, or any third party.

4. Purchase of Products through the Website

You may be able to purchase certain products, like meal plans, through the Websites (“Products”). For the avoidance of doubt, Products shall not include monthly subscriptions to the Get Seismic Platform, which is separately governed by the Platform Terms and Conditions, available here.

Certain Products may have limited quantities. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer.

All descriptions of Products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Products at any time.

Order Acceptance, Refunds, and Cancellations

All Products are non-cancellable and non-refundable. If you have any problems with your order, please contact us at info@workingagainstgravity.com

You acknowledge that any financial transactions related to the purchase of Products are facilitated by a third-party payment processor (the “Processor”), and agree that we may share your information, including information about your financial accounts, with the Processor for this purpose. You are responsible for paying all taxes on any purchase, fees, or other charges.

Occasionally there may be information on the Websites that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, or promotions. 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 Websites is inaccurate at any time without prior notice (including after you have submitted your order).

We have no obligation to update, amend, or clarify information on the Website or on any related website, including without limitation pricing information, except as required by law.

WHERE APPLICABLE, THE PRODUCTS ARE MEANT FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES ARE NOT INTENDED AS SPECIFIC MEDICAL, LEGAL, COMMERCIAL, FINANCIAL, TAX OR OTHER PROFESSIONAL ADVICE. USE OF THE INFORMATION FROM ANY OF THE PRODUCTS ARE AT YOUR OWN RISK.

THE PRODUCTS OFFERED ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO REPLACE A ONE-ON-ONE RELATIONSHIP WITH A QUALIFIED HEALTH CARE PROFESSIONAL SUCH AS A PHYSICIAN.

YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING ANY WEIGHT LOSS EFFORT OR EXERCISE REGIMEN.

IF YOU HAVE SPECIFIC QUESTIONS ABOUT ANY MEDICAL MATTER, YOU SHOULD CONSULT YOUR DOCTOR OR OTHER PROFESSIONAL HEALTHCARE PROVIDER.

YOU SHOULD NEVER DELAY IN SEEKING MEDICAL ADVICE, DISREGARD MEDICAL ADVICE, OR DISCONTINUE MEDICAL TREATMENT BECAUSE OF ANY PRODUCTS.

COMPANY ENCOURAGES YOU TO MAKE YOUR OWN HEALTH CARE DECISIONS BASED UPON YOUR OWN RESEARCH AND IN PARTNERSHIP WITH A QUALIFIED HEALTH CARE PROFESSIONAL. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

THE PRODUCTS OFFERED BY COMPANY ARE ONLY INTENDED FOR USE BY HEALTHY ADULT INDIVIDUALS.

5. Restriction on Use

You are granted a limited, non-exclusive, revocable right to access and use the Websites as permitted by these Terms of Use. This right does not include the right to, and you shall not:

• authorize any other party to use any meta tags or resell any part of the Websites’ content;

• use any robot, spider, data miner, or other automated or semi-automated means to extract or gather data from the Websites;

• use the Websites or any of their Content in any manner other than the manner in which it is intended to be used, unless you first obtain our express written consent;

• use the Websites or their Content for any purpose prohibited or restricted by law; or

• post, publish, transmit, send, or submit in connection with these Websites any content/material that: you do not have the right to post (including proprietary material of any third party), advocates illegal activity or discusses an intent to commit an unlawful act, is obscene, pornographic, vulgar, indecent, racist, abusive, offensive, threatening, or abusive, libels, defames, invades privacy, stalks, infringes any intellectual property or other rights of any entity or person, includes programs that contain viruses, worms, Trojan horses, or any other harmful computer code, or contains hyperlinks to other websites that have content that falls within the descriptions set forth above.

Except for the limited right expressly granted to you in these Terms of Use, Company and its licensors expressly reserve all other rights and licenses. You agree to cooperate with us to cease immediately causing any unauthorized use of the Websites.

6. Ownership of Intellectual Property Rights

All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items on our Websites (hereinafter "Content") constitute the sole and exclusive property of Company or its subsidiaries, affiliates, licensors and content providers (excluding any personal content that you provide or upload). You will not obtain any title nor intellectual property rights by accessing the Websites. You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms of Use, or by written consent of the owner of the proprietary rights. The following acts are additionally prohibited without Company’s prior written approval: copying of the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party application or website); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any Content or design elements of the Websites is strictly prohibited without the express written permission of Company. For information on requesting such permission, please contact us using the contact information listed in the section entitled, “Contacting Us”.

You grant us a perpetual, royalty-free, irrevocable, sub-licenseable, assignable, and transferable license to use, copy, distribute, display, modify, transfer, create derivative works, or otherwise exploit any feedback, submissions, ideas (including gift ideas, requests, or suggestions), concepts, know-how, or techniques that you submit to the Websites or otherwise choose to share with us through other communication channels for any purpose (including without limitation commercialization) and without compensation to you, subject only to our Privacy Policy.

7. Digital Millennium Copyright Act

If you have reason to believe that material on the Websites infringe your copyright, please send a notice by mail or email via the contact information listed below requesting that the infringing material be removed. The notice must contain the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;

2. A description of the work claimed to have been infringed, or a representative list of such works if the notice is intended to cover multiple works on the Site;

3. Identification of the allegedly infringing material and where the material is located on the Site;

4. Your contact information, including your name, address, telephone number, and email address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

Please send this written notice to our designated agent as follows:

Harry and Lloyd’s, LLC

Attn: DMCA Agent – Legal Department

P.O. Box #374, Oak Creek, WI 53154

Email: matthew@workingagainstgravity.com

8. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE PRODUCTS, WEBSITES, AND THEIR CONTENT IS AT YOUR SOLE RISK. THE PRODUCTS, WEBSITES, AND THEIR CONTENTS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE PRODUCTS, WEBSITES OR THEIR CONTENTS WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS, WEBSITES, OR THEIR CONTENT, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION, CONTENT, OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE PRODUCTS OR THE WEBSITES.

YOU HEREBY ACKNOWLEDGE THAT COMPANY IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND YOU RELEASE COMPANY FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER. COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE PRODUCTS, WEBSITES, OR THEIR CONTENTS.

Limitation of Liability

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF DATA, PROFITS, OR REVENUE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER UNDER A CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S USE OF THE PRODUCTS OR WEBSITES OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE PRODUCTS, WEBSITES OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THE WEBSITES OR ANY OTHER WEBSITE, EVEN IF COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF USE, TO THE EXTENT PERMISSIBLE BY LAW, COMPANY’S AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.

10. Indemnification

You agree to indemnify, defend and hold harmless, Company, its affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers of the Websites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising from or related to your use of the Products, Websites, or their Content, your violation of these Terms of Use, or your violation of other laws, rules, and regulations, including without limitation, your infringement of any intellectual property or other right of Company or any other person or entity. Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification, in which event you will fully cooperate with Company in asserting any available defenses.

11. Privacy

Please read the Privacy Policy carefully to understand how Company collects, uses and discloses personally identifiable information from its users. By accessing the Websites, you acknowledge that you have read and understood the terms of the Privacy Policy.

12. Third Party Links and Sites

The Websites may contain links to other Internet sites, resources and/or sponsors of the Websites. Company has no obligation to and does not verify, warrant, endorse, or take responsibility for the security, availability, accuracy, completeness or quality of the content contained in these outside sites or resources. Providing links to outside websites does not constitute Company’s approval of the content, policies or practices of those other websites. Company is not liable for any losses or damages incurred as the result of your business dealings with such third parties.  These Terms of Use do not apply to outside websites, so please be sure to review the terms of use and privacy policies posted on the outside websites or resources before utilizing them.

In order to identify third party sites or resources, the Websites may make use of third party trademarks, images or branding. Usage of these items does not imply endorsement or certification by the third party. Logos and trademarks displayed within the Websites are the property of their respective owners and are used in accordance with existing agreements between Company and the third party or by usage guidelines and policies set forth by the third party.

13. Entire Agreement

These Terms of Use and our Privacy Policy constitute the entire agreement between you and Company relating to the Websites and their Content and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Notwithstanding the foregoing, certain services accessible through the Websites may have their own terms and conditions that apply to your use of that particular service, such as the User Account Terms and Conditions. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by us. These Terms of Use will inure to the benefit of our successors and assigns.

14. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Wisconsin. You hereby consent to binding arbitration in the State of Wisconsin to resolve any disputes arising under these Terms of Use.

15. Arbitration of Disputes

Except for payment/collection issues or infringement of Company’s intellectual property, which can be heard by a court of competent jurisdiction, the parties agree that any dispute or claim in law or equity arising between them regarding the use of the Services or these Terms of Use, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Milwaukee County, Wisconsin. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Texas. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

NOTICE: THE PARTIES AGREE TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND ARE GIVING UP ANY RIGHTS THE PARTIES MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. THE PARTIES ARE GIVING UP THEIR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF EITHER PARTY REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, SUCH PARTY MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. THE PARTY’S AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THE WEBSITES.

16. Class Action Waiver

ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THIS WEBSITES OR THESE TERMS OF USE MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

17. Attorneys’ Fees

In any dispute, action, proceeding, or arbitration regarding the use of the Websites or these Terms of Use, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).

18. Contacting Us

If you need to contact us for assistance related to your use of the Websites, you can email us at info@workingagainstgravity.com.