Terms of Purchase
Last Updated on June 21, 2018
Please read carefully as these terms of purchase may affect your legal rights.

Entire agreement: The purchase order covering the procurement of all material within the Creative Fitness Academy (CFA- collectively, “Products”), together with these terms and conditions, constitutes the entire agreement between the Creative Fitness Academy name and the Consumer purchaser identified in the Terms as (“Consumer”). Any additional or different terms or conditions contained in any other documents are considered material alterations to this Terms of Purchase, expressly rejected and will not be binding upon CFA. 


Scope: Consumer understands that CFA does not grant Consumer a non-exclusive right to market, promote, resell or distribute the CFA’s Products purchased under this Terms of Purchase. CFA and its licensors own and retain all title and intellectual property rights to all material and products. Any redistribution, resell, copying of, or otherwise use of the CFA products purchased under this Terms of Purchase is strictly forbidden and will be prosecuted to the furthest extent of the law. Consumer understands that they are purchasing lifetime access to the products, but this can be revoked if Consumer violates any section of the terms of purchase.

Returns: The purchase price is non-refundable for any reason. By agreeing to these terms of purchase Consumer understands that if they are unhappy with their purchase they will not be given a refund for any part of the purchase price. 


Representations and warranties: Each party warrants and represents that: (i) it has the full power to enter into the Terms of Purchase and to perform its obligations under the agreement; and (ii) it will comply with all applicable local and national laws and regulations pertaining to its performance of its obligations under the terms. 


Warranty disclaimer: TO THE EXTENT ALLOWED BY APPLICABLE LAW, NO OTHER WARRANTIES ARE MADE, EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER CFA MAKES NO WARRANTIES ABOUT THE OUTCOME OF THE CONSUMER’S USE OF OR IMPLEMENTATION OF THE PRODUCT. THERE ARE NO RESULTS GURANTEED BY CFA.

Indemnification: Consumer, shall indemnify, defend, and hold harmless CFA, its directors, officers, employees, affiliates, successors and assigns, and/or agents from and against any and all claims, suits, actions, liabilities, costs, reasonable attorney’s fees, expenses, damages and judgments, to the extent any such claims, suits, actions, liabilities, costs, reasonable attorney’s fees, expenses, damages, judgments or decrees result from solely any gross negligence, willful misconduct or act or omission of Consumer pursuant to these terms of purchase or any material breach by Consumer; provided, however in no event shall Consumer’s obligation to indemnify CFA, directors, officers, employees, affiliates, successors and assigns, and/or agents apply to any claims, suits, actions, liabilities, costs, reasonable attorney’s fees, expenses, damages and judgment or decree resulting from the negligence, gross negligence or willful misconduct of CFA.

Liability: IN NO EVENT WILL CFA BE LIABLE TO CONSUMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS ARISING OUT OF, OR IN CONNECTION WITH, THE TERMS OF PURCHASE, WHETHER OR NOT CFA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.


Governing law: This Terms of Purchase will be construed in accordance with, and all disputes will be governed by, the laws of the State of California, without regard to its conflict of laws rules. The parties irrevocably consent to the personal jurisdiction of the state and federal courts in and for Los Angeles County, Florida, and irrevocably waive any claim it may have that any proceedings brought in such courts have been brought in an inconvenient forum.

Non-Disparagement: Consumer agrees to refrain, from making any disparaging statements, either orally or in writing, about CFA, or any affiliate of CFA, or any of CFA’s affiliates, directors, officers, agents, partners, or representatives.

General: Consumer may not assign any of its rights or delegate any of its obligations under the terms of purchase. CFA may, at its option, void any attempted assignment or delegation. Any notice to be given under the Terms of Purchase must be in writing and will be effective (i) upon delivery when personally delivered; (ii) upon receipt if sent by an overnight service with tracking capabilities; (iii) at such time as the party which sent the notice receives confirmation of receipt by the applicable method of transmittal when sent by fax or electronic mail; or (iv) within 5 days of deposit in the mail if sent by certified or registered mail. If any part of this Terms of Purchase is for any reason found to be invalid, illegal or unenforceable, all other parts will still remain in effect. Failure of either party to enforce rights under this Terms of Purchase is not a waiver of such rights and will not operate or be construed to waive any other provision of the agreement. Any obligations or duties which, by their nature, extend beyond the expiration or termination of the Terms of Purchase shall survive the expiration or termination of the Terms of Purchase.

Contact us: If you have questions regarding this terms of purchase, or your purchase of the Creative Fitness Academy please contact us at support@creativefitnessacademy.com.

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