These Terms and Conditions (hereinafter referred to a the “Agreement) was last modified on October 25, 2019.

Please read this Agreement completely before using legalupfitness.com, The Legal Up Fitness Podcast, the related mobile website and any mobile application used for accessing such content (hereinafter referred to collectively as the “Site”) or any downloadable products from legalupfitness.com, which is owned and operated by Megan Green LLC (“we,” “our”). This Agreement documents the legally binding Terms and Conditions attached to the use of the Site at legalupfitness.com.

By using or accessing the Site in any way, viewing or browsing the Site, downloading any product, purchasing any service or adding your own content to the Site, you agree and accept to be bound by this Agreement and the Site’s Privacy Policy. The following terms, as well as any documents expressly incorporated by reference, govern your access to and use of the Site, including any content contained therein, and any services or offers for purchase on or through www.legalupfitness.com , whether as a guest, customer or registered user.  If you object to anything in this Agreement or the Legal Up Fitness Privacy Policy, do not use the Site or any content contained therein.   

This Site is offered and available to users who are 18 years of age or older.  By using this Site, you represent and warrant that you are of legal age to form a binding contract with Megan Green LLC and meet all of the foregoing eligibility requirements.  If you do no meet all of these requirements, you must not access or use the Website or any of its content.

Megan Green LLC reserves the right to modify these Terms and Conditions at any time and will do so by posting the updated terms on its Website at www.legalupfitnes.com/terms-and-conditions. Your continued use of the Site and use of any service following such posting of revised terms of any section of this Site or incorporated by reference documents will constitute your express and binding acceptance of and consent to the revised Terms, Privacy Policy and/or Disclaimers.

You are encouraged to check and review this document, and all incorporated by reference documents for such modifications/amendments/changes on an occasional basis.  Should you not agree to any provision of this Agreement or any changes we make to this Agreement, you should discontinue to visit, access, or otherwise use the Site or its content immediately.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

PRIVACY POLICY

You use of this website is deemed an agreement to the Site’s Privacy Policy which is hereby incorporated into these Terms and Conditions.  By using this Site, you imply that you have reviewed and accepted the terms of the Site’s Privacy Policy, which governs the Site and informs users of our data collection and processing policies. 

DISCLAIMER

Your use of the Site is also subject to our Disclaimer.  By using this Website, you imply that you have reviewed and accepted the terms of the Disclaimer, which is hereby incorporated into these Terms and Conditions.

NOT INTENDED AS PROFESSIONAL ADVICE

The content made available through the Website and any and all resources made available for download through the Website are for educational and informational purposes only.  Any and all such information is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.  By using this Site, making purchases from this Site or from Megan Green LLC or www.legalupfitness.com, or making downloads made available through the Site or from the Megan Green LLC, you imply that you have reviewed the incorporated by reference Disclaimer and agree to its terms. 

NO GUARANTEES OF RESULTS

By using the Site, its content and/or any downloaded templates, you agree that Megan Green LLC has not made any guarantee of results.  The content provided by this Site is intended for educational and informational purposes only and you agree that you have been encouraged to seek the assistance of an attorney, CPA, or other professional before taking action or non-action.

UNLAWFUL AND PROHIBITED USE

The Company is granting you a non-exclusive, non-transferable, revocable license to access and use its Site and downloadable resources only in strict accordance with these Terms and Conditions and the incorporated-by-reference Disclaimer and Privacy Policy.  As a condition of your use of the Site, you warrant to Megan Green LLC that you will not use the Site or any resources and/or downloadable content for any purpose that is unlawful or prohibited by these Terms.  Use of the Site and Service is with the permission of Megan Green LLC, which may be revoked at any time, for any reason, in the its sole discretion.

Such unlawful and prohibited use includes but is not limited to use of the Site in any fraudulent or misleading manner, any automated use of the system, such as scraping the Site, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site, and using the Site in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Site may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.

INTELLECTUAL PROPERTY

All content on this Site, including but not limited to written text, graphics, logos, images and/or a compilation thereof, is the intellectual property of Megan Green LLC, its suppliers and/or vendors and is protected by copyright laws that protect such intellectual and proprietary rights.  You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Site (the “Content”) or any part of the Site, unless given express permission by Megan Green LLC

You must not use any Content in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.  You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website. 

If you download or purchase any product, program and/or service from www.legalupfitness and/or Megan Green LLC, you are doing so as a licensee and you are granted a revocable, non-transferable license to use the download and/or purchase for your personal use and your business and website.  You are not permitted to share, sell, reprint, or republish any material, template and/or download with another person or business who or that had not purchased or otherwise received the same download, document and/or template from Megan Green LLC or without the express written consent of Megan Green LLC.  You may not share, sell, copy and transfer, or otherwise make known to another person, the content and text of the templates for which you have a limited revocable license to by making your purchase or download from Megan Green LLC.  By downloading any content made available through the Site, whether purchased or otherwise obtained, you agree that such content, and any derivative of such content, may only be used by you for your personal or business use and may not be shared, sold or otherwise distributed without the express written consent from Megan Green LLC. 

DISCLAIMER

By using this Site, you agree and acknowledge that the Site’s Disclaimer Policy is incorporated by reference and that you have reviewed and fully understand the disclaimers contained within the document before using the content of or making any purchases and/or downloads from legalupfitness.com and/or Megan Green LLC.  The purpose of this Site and any purchases and/or downloads made from the Site Is for informational purposes only.  By using this Site, making and purchases and/or downloads or communicating via email, telephone, in-person, or social media comments and/or direct messaging, you acknowledge that Megan Green LLC is not your attorney, an attorney-client relationship has not been formed, and you are not receiving legal, financial, tax, or medical advice.  You understand that the Site’s content and any purchases and/or downloads is not a substitute for legal, financial, tax or medical advice and that you are encouraged to seek such advice from a professional licensed in that field in your jurisdiction.  You acknowledge that Megan Green LLC is not a law firm engaged in the practice of law and does not represent any clients including you. 

The Content on this Site and any downloads and/or templates purchases or otherwise received by you are offered for informational purposes only; you acknowledge that this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.

LINKING TO THIRD PARTY WEBSITES

The Site contains links to websites of third parties and advertisements of third party products and services. If you use these links, you will leave the Site. These third parties and their websites are not under the control of Megan Green LLC. Megan Green LLC does not examine or evaluate these websites and is  not responsible for their content or operation. By providing links to these websites, Megan Green LLC does not approve, warrant or endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies and should review them carefully before entering any such websites.  Megan Green LLC does not endorse these websites and our Terms, Disclosures and/or Privacy Policy do not apply to them.

You expressly release Megan Green LLC from any and all liability arising from your use of any third party website, service or content. Your dealings with or participation in promotions of advertisers found on those third party websites, including payment or delivery of goods, and any other terms, including, but not limited to warranties, are solely between you and those advertisers. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third party websites and/or their advertisers.

LIMITATION OF LIABILITY

ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR LEGAL, FINANCIAL, TAX, BUSINESS, PERSONAL, OR MEDICAL/HEALTH DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Megan Green LLC makes no warranties regarding the performance or operation of the Site.  Megan Green LLC makes o representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, or services included on or through the Site.  To the fullest extent permissible under the law, Megan Green LLC disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. 

You agree that Megan Green LLC is not liable for any loss that you or any person or entity associated with you may suffer or incur as a result of the use of the information gained from the Site and/or any resources downloaded from the Site, whether purchased or otherwise obtained.  Megan Green LLC is not liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages due to your use of this Site, purchases from this Site, downloads from this Site, or any communication made with any employee or agent of Megan Green LLC. 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless, Megan Green LLC, legalupfitness.com, and any affiliates, agents, owners, members, employees or any other party associated with Megan Green LLC from any causes of action, damages, losses, costs, or expenses incurred as a result of your use of this Site or downloaded and/or purchases product.  Should Megan Green LLC be required to defend itself or one of the above listed associated persons or entities in any action directly or indirectly involving your use, inability to use, or your violation of any term(s) of this Agreement, you agree to participate and provide any evidence, documents, testimony, or other information deemed necessary by Megan Green LLC in defense.  Megan Green LLC reserves the right to assume the exclusive defense and control of any such matter notwithstanding your agreement to indemnify the action, and you agree to fully cooperate in asserting any available defenses. 

TERMINATION

Megan Green LLC reserves the right, in its sole discretion, to terminate your access to the Site and the Site’s services without notice. 

DISPUTE RESOLUTION

This Agreement is governed under the law of the State of Utah.  In the event that a dispute arises between you and Megan Green LLC (“the Parties”), then the Parties agree and accept that they will negotiate in good faith to settle such dispute.  If, after a reasonable period of negotiation, the dispute is not settled, then either party may commence further action pursuant to the paragraphs below.

  • In the event of a dispute between the Parties, the Parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other. 
  • In the event the Parties are unable to amicably resolve the dispute, they agree they shall submit the dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
  • By agreeing to this term, the Parties hereby agree and understand that they are waiving their right to a jury trial in court, which would otherwise be available if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 20 miles of Salt Lake City, Utah
  • If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court. An award and/or judgment in your favor shall be limited to any payment made by you to Megan Green for the applicable Services, Product Download, or Program. You are not permitted to seek additional damages, including consequential or punitive damages.
  • This agreement, as well as the Site’s Privacy Policy, Disclaimer, and/or Terms of Service and any dispute arising out of either, any or all, shall be governed by the laws of the State of Utah.
  • The Parties consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Utah or a state court located within either Davis or Salt Lake Counties, Utah, in connection with any matter arising out of this Agreement, and/or referenced Terms & Conditions, Terms of Use, Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.
  • The Parties consent that process may be served on them in any manner authorized by the Laws of the State of Utah for such persons, and you waive any objection which you might otherwise have to service of process under the Laws of the State of Utah.

SEVERABILITY

If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.

ENTIRETY OF AGREEMENT

This Agreement, along with the incorporated-by-reference Disclaimer and Privacy Policy constitutes the full, complete, entire agreement and supersedes any other agreement.  Nothing on the Site, the Legal Up Fitness Podcast, Social Media postings or other communication shall be construed as a waiver of any of the above terms and Megan Green LLC shall not be deemed to have waived any portion of this Agreement without the express written agreement to such a waiver by Megan Green. 

Updated: October 25, 2019