WEBSITE TERMS & CONDITIONS OF USE

Last Updated on: [May 2024]

By using this website as a user (“You”), You agree to the following Terms and Conditions of Use and Privacy Policy. Please read them carefully before using this website.

General Provisions

This website is owned and operated by [Girl Hustle Mind & Muscle, LLC] DBA “Kristie Barker (Higgs)": (hereafter “Our”, “We” or “Company”).

Use of this website is at Your own risk. We host this site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety or Your individual use of the website. The Terms and Conditions of Use contained on this page is subject to change at any time.
 
Age Requirements

You must be at least 18 to use Our website, templates, courses, and products.

Intellectual Property Notice

All text, photographs, graphics and other materials on this site are subject to the copyrights and other intellectual property rights of “Kristie Barker”and are protected by United States Copyright Laws (USC Title 17). Website materials may not be copied for any reason, including your personal use, commercial use, or distribution, nor may these materials be modified or reposted to other sites, without the prior express written permission of Company. We may prosecute You to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

Company owns the following Trademark(s): Girl Hustle Mind & Muscle

Digital Products/Programs

By purchasing any product or program from “Kristie Barker” on this website (kristie-barker.com or girl-hustle.com), you are granted one revocable, worldwide, non-exclusive license to the product(s) you have purchased. If you violate this license by giving or selling a copy of our product(s) to anyone, We reserve the right to invoice you for the licenses you have gifted to others and revoke your access to our products permanently.

We reserve the right to update programs at anytime without written notice. All updates and changes made will be of direct benefit to You. As fitness information evolves, so will Our programs.

Digital Products Return Policy

All programs, coaching packages, and courses are in the form of Digital Products, which are downloadable. All programs, coaching packages, and courses are not eligible for refund under any circumstance. No exchanges. No returns. These terms are accepted by You at check out.

The term “Lifetime” access to programs is referring to the longevity of Kristie Barker [Girl Hustle Mind & Muscle, LLC] as a company, not your lifetime.


Your Communications

Any communications made through Our blog, blog comments, newsletter sign up or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails or other media as allowed by United States law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

Disclaimers

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal or financial questions, You should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses or the materials contained herein.

While Company may offer discounts or offers at various times, these discounts or offers may be terminated or amended at any time without explanation or warning. Sales, discounts, and offers will not be retroactively applied to past purchases.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let us know, please email us at [assistant@kristiebarker.com].

Advertisements

We do not necessarily endorse or recommend any of the goods or services advertised on or through our websites. We do not necessarily endorse or recommend any affiliates using our services.

Results Disclaimer [Workout, Nutrition, & Coaching Programs]

Fitness, nutrition, & coaching programs are designed to achieve physical results and may cause soreness and fatigue. The food menu options and supplement suggestions are general guidelines. The workouts have not been written for you specifically and should be utilized with caution.

Results May Very: Everyone’s body is different and the rate of weight loss, muscle gain, and strength gain will vary from person to person. Transformation pictures and testimonials of the website DO NOT guarantee results.

The guides provided are not meant to treat or cure any disease and have not been evaluated by the FDA. Before you decide to engage in any diet or exercise program, it is advised you consult with a medical physician to ensure personal health and physical safety. By using Our programs, products, or services, you are agreeing to release responsibility of Girl Hustle, LLC & "Kristie Barker"; including: its owners, affiliates, employees, and contractors from the risk, loss, injury, or any legal liability that may occur. Company & all associates do not assume responsibility for injuries or health complications incurred during use its products or services.

Earnings Disclaimer [Online Fitness Coach Accelerator]

Company makes no income/financial claims, nor guarantees of any kind regarding the potential income that can be generated through Our website, communications, or your participation in the purchase of any of our products. Past results presented on the website are not an indication or promise of Your results. There is no guarantee You will earn any money using any of Our materials, and Your revenue is dependent solely on you and your actions or non-actions.

Affiliates

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Termination

If at any time Company feels You have violated these Terms and Conditions, Company shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Company’s sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).

Entire Agreement

The information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.

Severability & No Waiver

If any part of these Terms and Conditions of Use is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect. Any failure by Company to enforce a provision of this Terms and Conditions of Use shall not constitute a waiver of any other portion or provision of this Terms and Conditions.

Headings
 
Headings and titles are provided in this Terms and Conditions of Use for convenience only and will not be construed as part of the legal terms.

Venue and Jurisdiction

This Terms and Conditions of Use and Our Privacy Policy shall be governed by and construed in accordance with the laws of the State of [California] including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. You agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in [San Diego, CA]. You and Company assume responsibility for their own collection costs and legal fees incurred should enforcement of these conditions should it become necessary.

Arbitration
 
Any and all disputes or disagreements rising between Company and You out of this Terms and Conditions of Use upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. Company and You agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in [California]. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

Questions

If You require any more information or have any questions about these Terms and Conditions of Use or Our Privacy Policy, please feel free to contact us by email at [assistant@kristiebarker.com].

PRIVACY POLICY:

Your privacy is very important to us. We have developed the following Policy to make clear how we collect, and make use of your personal information. Before we collect your personal information, we will identify the purposes for which the information is being collected. We will collect and use your personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. We will protect your personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, or copying. We will make readily available to customers information about our policies and practices relating to the management of personal information. We may use the information you provide us to improve our services We may send promotional emails about new offerings or details we think may be of interest to you, using the email address that you provide us. We may contact you by email or mail with the information you provided us.

Kristie Barker [Girl Hustle Mind & Muscle, LLC] is committed to conducting business in accordance with these privacy principles to ensure the confidentiality of your personal details are protected. We use a few important platforms to conduct business at [Girl Hustle Mind & Muscle, LLC]. Below is a link to the privacy policies for PayPal, ThriveCart, SamCart, Stripe, and Member Vault.

PAYMENT PLAN POLICY:

- ALL PROGRAMS -

Upon action of subscribing to a program, course, bundle, or coaching payment plans, you are agreeing to pay each installment for the duration of the payment plan agreement and will be held accountable. You are not eligible to cancel your payments. This is a payment plan, not a subscription based service.

These terms are accepted by You at check out.

Monthly & Annual Subscriptions:

Company offers annual and monthly subscriptions [referring to course Girl Hustle Trainer (years 2018-2023)]. If You do not cancel within 24 hours before your annual or monthly charge, you will be automatically charged the current rate. Once this payment processes, it will not be reversed under any circumstances.

These terms are accepted by You at check out.

We understand that cards expire or fraud happens. If for any reason you need to update your card on file, please contact [assistant@kristiebarker.com] immediately to avoid penalties. You are responsible to ensure that the payments are made on time. If your account is beyond 30-days overdue, we reserve the right to turn over the account to collections with outstanding interests and accrued costs incurred in order to engage a Debt Recovery Mercantile Agency or a Solicitor to attend engaged by the company; in order to recover the outstanding amount due and payable. If dues go unpaid all access to any prior purchased programs will be revoked until payments are successfully made.

ENTIRE AGREEMENT

By purchasing a product, program, or coaching service of Company You are agreeing to the above policies and waiving your rights to pursue any legal action against Kristie Barker [Girl Hustle Mind & Muscle, LLC], its employees and its contractors.

If you have any questions or concerns, please contact [assistant@kristiebarker.com] and we will be happy to assist!