The following terms (“Terms of Use”) constitute an agreement between Ahna Fulmer, LLC (AF), and you that governs your use of this website and all of its associated services, content, and functionality including the Early Morning Habit app. This policy applies to the websites administered by Ahna Fulmer (“Websites”), located at https://ahnafulmer.com and https://earlymorninghabit.com.
Your use of the Websites constitutes your acceptance of, and agreement to, the following Terms of Use. AF reserves the right to modify, alter, amend or update its Websites, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Websites.
Purchase Policy
On the Websites, you may purchase physical products, created by AF (the “Physical Products”).
On the Websites, you may purchase downloadable digital products created by AF, including the Early Morning Habit Program (collectively, the “Digital Products”). The Digital Products are delivered in electronic format.
On the Websites, you may enroll for an ongoing membership in the Early Morning Habit Membership Program, which is delivered electronically and billed on a monthly basis (“Morning Stars Membership”).
Physical Products, Digital Products, and Membership are referred to collectively herein as the “Products.”
The Early Morning Habit Program
On the Websites, you may purchase enrollment in the Early Morning Habit program (“6 week Early Morning Habit Program”). This initial purchase of $127 provides you with access to the New Member Early Morning Program for six weeks. After the conclusion of the program, you will no longer have access to the portal or the New Client FASTer Way Program Materials.
You may request a refund for up to 48 hours after you purchase the New Member Early Morning Habit Program.
Early Morning Habit Morning Stars Membership
On the Websites, you may purchase an Early Morning Habit Morning Stars Membership. To enroll in the Membership, you must first complete the 6-week Early Morning Habit Program. The Early Morning Habit Morning Stars Membership is a monthly $27 fee.
On the Websites, you may purchase a 6-month or 12-month membership with the 6-week Early Morning Habit program for a one-time payment of $259 or $343, respectively.
After you have enrolled in the Morning Stars Membership, no refunds will be authorized after the monthly fee has been charged. To avoid incurring additional fees, you must cancel your membership 14 days or more prior to the next billing date. To cancel email info@earlymorninghabit.com. This email must be sent to initiate your request. Upon cancellation, your access to the Early Morning Habit will be disabled at the expiration of the period for which you have already paid.
Refund Policy
You may request a refund for your 6-week Early Morning Habit program within 30 days of purchase. After that, no refunds are available.
Morning Stars Membership may be canceled at any time. Upon cancellation, your member account will be disabled at the expiration of the period for which you have already paid. The Websites do not offer refunds after the monthly fee has been charged. You may avoid incurring additional fees by canceling your Membership 14 days or more before the billing date.
Please email info@earlymorninghabit.com with any questions or concerns.
License For Use Of Products
All Products available for sale on the Websites, including Digital Products, were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. This includes all resources provided within the Products, such as meal plans, challenges, or trainings.
Your Membership And Access To Early Morning Habit Program Materials
To access the Early Morning Habit Program or VIP Membership, you will receive a login to the app via email. This login is personal to you only. Sharing your login information is strictly prohibited.
Please note that your purchase is not for lifetime access to the materials from the Early Morning Habit Program or the Morning Stars Membership. Upon cancelation of the Early Morning Habit Program, your access to the materials will be revoked upon the expiration of the period for which you have already paid.
Your Responsibility
The Websites were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Websites. AF makes no representations, warranties, or guarantees. You understand that results may vary from person to person. AF assumes no responsibility for errors or omissions that may appear on the Websites.
Use Of The Websites
Unless otherwise stated, TMS owns the intellectual property and rights to all content and material on the Websites. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions below and elsewhere in these Terms of Use.
The following uses are not permitted:
- Republication of content from the Websites, unless content is specifically and expressly made available for republication;
- Sale, rental, or sub-license of any content from the Websites;
- Reproduction or duplication of any content on the Websites for commercial purposes;
- Modification of any content on the Websites, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Websites, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Websites is included.
From time to time, the Websites will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of AF’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to AF.
You must not use the Websites in a way that causes, or may cause, damage to the Websites or impair the availability of access to the Websites. You must not decompile, reverse engineer, disassemble or otherwise reduce the Websites, except to the extent that such activity is expressly permitted by applicable law. You must not use the Websites to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Websites without AF’s express written permission.
You must not use the Websites to transmit or send any unsolicited commercial communications.
You must not use the Websites for any third-party marketing without AF’s express written permission.
Copyright
Unless otherwise noted, the design, content and all components of the Websites are copyrights owned by AF or third parties and are protected by United States and international copyright laws, and should not be reused or republished without express written permission.
Trademarks
AF’s trademarks and trade dress may not be used in connection with any product or service that is not AF’s, in any manner likely to confuse consumers, or in any manner that disparages or discredits AF, the Early Morning Habit, or Ahna Fulmer.
From time to time, the Websites will legally utilize trademarks owned by third parties related to AF’s services. These trademarks are the respective property of their owners.
Grant Of Rights
You grant AF a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Websites. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant AF the right to sub-license these rights and the right to bring an action for infringement of these rights.
Content Contributed To The Websites
Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or AF or a third party.
AF reserves the right to edit or remove: (i) any material submitted to the Websites; (ii) stored on AF’s servers; or, (iii) hosted or published on the Websites. AF takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding AF’s rights under the Terms of Use, AF does not undertake to monitor the submission of all content to, or the publication of such content on, the Websites.
Comment Policy
The Websites offer the option for you to leave comments, engaging with the Websites’ posts. The following types of comments will not be tolerated and will be deleted:
- harassment directed toward any content creator or AF;
- spam;
- hate speech;
- defamatory to AF or any third party;
- reference illegal acts; or,
- violate the legal rights of a third party.
AF’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
Membership Policy
The Websites offer the Morning Stars Membership, which includes forums, such as chat rooms, where content may be contributed or uploaded. The following types of contributions will not be tolerated and will be deleted:
- harassment directed toward any content creator or AF;
- spam;
- hate speech;
- defamatory to AF or any third party;
- reference illegal acts; or,
- violate the legal rights of a third party.
AF’s sole discretion will be used to determine if a contribution is in violation of this policy. AF’s sole discretion will be used to determine if a member is in violation of these policies. Any members in violation will be promptly deleted and no refund will be due.
Communication
If you send AF an email, register to use the Websites or provide your email to AF in any other way, you consent to receive communications from AF electronically. You agree that all legal notices provided via electronic means from AF satisfy any requirement for written notice.
Third Parties
The Websites contain links to third-party websites that are not governed or controlled by AF. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Websites. AF assumes no control or liability over the content of any third-party sites. You expressly hold harmless AF from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Websites, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Websites, you expressly hold AF harmless from any and all liability in any dispute.
No Warranties
The Websites are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. AF makes no representations or warranties in relation to the Websites or the information and materials provided therein.
AF makes no warranty the Websites will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represent the full functionality, accuracy, and reliability of the Websites. AF is not responsible to you for the loss of any content or material uploaded or transmitted through the Websites. The Websites are written in English and makes no warranty regarding translation or interpretation of content in any language.
Limitation Of Liability
AF WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to defend, indemnify, and hold AF, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which AF suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
Arbitration
The Terms of Use will be governed and construed in accordance with the laws of the State of Pennsylvania. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
Miscellaneous Provisions
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without AF’s prior written consent; however, the Terms of Use may be assigned by AF at its sole discretion.
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Websites offered by AF.
All notices regarding the Terms of Use must be in writing and may be emailed to info@earlymorninghabit.com for AF and to your email address.
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