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Welcome to 13YearsYounger.com. Please read these Terms and Conditions carefully before using our website. By accessing or using 13YearsYounger.com, you agree to be bound by these Terms of Use. If you do not agree with any part of these terms, please refrain from using our website.
Victory Management, Inc, which sells the product 13 Years Younger aka 13YY, (in the United States) and each of their affiliates, subsidiaries and parent companies (collectively, “13 Years Younger”, “us”, “we” or “our”) are pleased to provide you with access to and use of our websites, mobile and device applications, content, streaming services, products, services, goods, equipment, equipment interfaces, promotions, software, technology and any other materials (collectively, “13 Years Younger Services or 13YY Services”) that we may provide.
PLEASE READ CAREFULLY: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 9) WHICH AFFECT YOUR RIGHTS RELATED TO DISPUTES YOU MAY HAVE WITH 13YY. EXCEPT WHERE PROHIBITED BY LAW AND AS SET FORTH IN SECTION 9, BY PURCHASING, ENGAGING WITH OR OTHERWISE USING ANY 13YY SERVICES, YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND 13YY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY CEASE USE OF ANY 13YEARS YOUNGER SERVICES.
THE 13 YEARS YOUNGER SERVICES ARE NOT INTENDED FOR ANYONE UNDER THE AGE OF 30.
These Terms and Conditions of Use (“Terms”) and our Privacy Policy form a legally binding agreement between you and 13YY, and govern your access and use, and our provision of, the 13YY Services and any other technology, content, items or other materials provided by or through 13 YY, or otherwise on which these Terms are provided (including via links). BY ACCESSING OR USING ANY 13YY SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS (INCLUDING WITHOUT LIMITATION SECTION 9 BELOW), OUR PRIVACY POLICY AND ANY AMENDMENTS THERETO, AND YOU AGREE YOU ARE AT LEAST 30 YEARS OF AGE.
Supplemental terms and conditions may apply to certain 13YY Services, such as rules for a particular contest, sweepstakes, competition, or other activity, or terms that may accompany certain content, software or other materials accessible through the 13YY Services, such as terms related to 13YY streaming services (e.g., One-Day Pass Terms and Conditions, , Codes of Conduct, etc.) (“Supplemental Terms”). Any Supplemental Terms will be disclosed to you in connection with those other activities and will apply and govern specifically over such activities.
Please note that for 13YY Partners, in the event of any direct conflict between these Terms and the 13YYi Partner Policies and Procedures and Compensation Plan (collectively, “P&P”) to which you agreed at the time you signed up as a 13 YY Partner, the P&P will govern and control.
We may in our sole and absolute discretion change these Terms or our Privacy Policy from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective for new users immediately upon being posted to the 13YY Services; however, for existing customers, the applicable revisions shall be effective 30 days after posting unless otherwise stated. If you do not agree with any of the changes, you must discontinue using any and all 13YY Services. By continuing to use any 13YY Services after the 30-day period referenced above in this Section, you expressly accept any applicable changes. Please note our employees, customer service representatives, 13YY independent Partner distributors, or other agents are not authorized to modify any provision of these Terms, either verbally or in writing.
You acknowledge and agree that the 13 YY Services, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are owned by Victory Management , LLC, dba 13 Years Younger, dba, 13YY or its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of certain 13YY Services (such as our mobile applications and online tools) and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of 13YY and/or its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with 13YY’s ownership of the 13YY Services, and that you gain no rights, title, or interest in or to any 13YY Services or any goodwill associated therewith, except as stated in these Terms or any executed written agreement between you and 13YY. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of 13YY or any third party. Any and all goodwill arising from your use of any 13YY Services shall inure solely to the benefit of 13YY.
For any 13YY Services which enable you to use any software, content, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license solely to access and use the specific 13YY Services, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with 13YY Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any 13YY Services to a human-readable form; (iii) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the 13YY Services; (iv) access or use any 13YY Services in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any 13YY Services or any part thereof, except as expressly authorized in these Terms or as part of the 13YY Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any 13YY Services or connected network, or interfere with any person or entity’s use or enjoyment of any 13YY Services; (vii) access, monitor, or copy any element of the 13YY Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of the 13YY Services, unless you have an executed agreement with us that expressly allows for such activity. You may not access or use any 13YY Service in violation of United States, Canadian or other applicable export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any 13YY Services, you represent and warrant that: (ix) your access to and use of the 13YY Services, or any content or software therein, will comply with any and all requirements in these Terms; (x) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a terrorist supporting country, and that you are not listed on any U.S. or Canadian government list of prohibited or restricted parties; and (xi) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any 13YY Services and our websites.
Certain 13YY Services may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, tools, interfaces, content, and/or materials (“Third-Party Services”). We do not review or control any Third-Party Services. We additionally make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from our websites, apps, software or any other element of the 13YY Services. There is no implied affiliation, endorsement or adoption by 13YY of these Third-Party Services and we shall not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and privacy policies that separately apply to these Third-Party Services.
Certain opinions, advice, statements, or other information, including without limitation, food, nutrition, and exercise data, may be made available by third parties through or in connection with the 13YY Services (“Third-Party Content”). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the 13YY Services 13YY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON ANY 13YY SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL 13YY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY CONTENT POSTED ON THE 13YY SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH THE 13YY SERVICES.
If you access any 13YY Service using an Apple iOS or other third-party device, you acknowledge that each of those third party companies, such as Apple Inc. (each, “App Provider”), will not be responsible for any damages arising out of the failure of a 13YY Service to operate as intended.
When accessing any 13YY Services by or through an App Provider, you acknowledge and agree that: (i) these Terms are concluded between you and13YY, and not with the App Provider, and that we are solely responsible for any 13YY Services (such as mobile applications), and not the App Provider; (ii) the App Provider has no obligation to furnish any maintenance and support services with respect to any 13YY Services; (iii) in the event of any failure of the 13YY Services to conform to any applicable warranty: (a) you may notify the App Provider and the App Provider will refund the purchase price for the 13YY Services to you (if applicable); (b) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the 13YY Services; and (c) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (iv) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to any 13YY Services or your possession and use of the 13YY Services, including without limitation: (d) product liability claims; (e) any claim that the 13YY Service fails to conform to any applicable legal or regulatory requirement; and (f) claims arising under consumer protection or similar legislation; (v) in the event of any third party claim that the 13YY Service or your possession and use of the same infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms; (vi) the App Provider and its subsidiaries, are third party beneficiaries of these Terms as it relates to your license of the 13YY Services, and that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof; and (vii) you must also comply with all applicable third party terms of service when using the 13YY Services. As also mentioned in these Terms, you represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
YOU ACKNOWLEDGE AND AGREE THE 13YY SERVICES, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH, FITNESS, NUTRITION AND WELLNESS CONTENT AND ADVICE, OR ANY OTHER INFORMATION PROVIDED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, ERRORS AND OMISSIONS, AND WITHOUT ANY PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE 13YY SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, UPTIME, ACCESSIBILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE 13YY SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY 13YY SERVICES. YOU AGREE TO USE THE 13YY SERVICES AT YOUR SOLE RISK.
YOU WILL NOT HOLD 13YY OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE 13YY SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE 13YY SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH OUR WEBSITES, INCLUDING WITHOUT LIMITATION, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD PARTIES. CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITES MAY BE AVAILABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH 13YY; PLEASE READ THE WARRANTIES INCLUDED IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE PRODUCTS/SERVICES FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITES.
When you access any 13YY Services through a mobile network, such as one of our mobile applications, or you sign up for our text message programs, your network or roaming provider’s messaging, data and other rates and fees may apply. Not all 13YY Services may work with your network provider or device.
When you sign up to receive text messages from us, you acknowledge and agree you will receive such text messages using an autodialer to the number you provide, and that your consent for us to send you text messages is not a condition of purchasing any 13YY Services. Not all carriers may be included within our text messaging programs. You are free to opt-out of receiving text messages from us at any time. Please see any additional instructions provided to you at the time you sign up.
The 13YY Services may allow you and users of our websites to communicate, submit, upload or otherwise make available text, reviews, stories, images, photos, audio, video, media, chats, personally identifiable information (including health, wellness and nutritional data), feedback about our products and services, testimonials, success stories, or other content (“User Generated Content”). User Generated Content that you submit through your 13YY Account or any other 13YY Services will be stored, maintained and used by 13YY in accordance with our Privacy Policy. You acknowledge certain types of User Generated Content that you submit, such as chats, photos, reviews, and message board entries, may be accessed and viewed by the public.
You may not submit or upload User Generated Content that is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law, as determined by 13YY in its sole and absolute discretion. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications you submit, at any time and for any or no reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to or consent from any other person or entity, to use and exploit, and you fully and unconditionally authorize us to use and exploit, your User Generated Content in all manners and mediums (including commercial use) desired by 13YY including as contemplated by these Terms. You agree to indemnify and hold us and our affiliates, parent companies, and subsidiaries, and each of their respective employees, officers, and directors harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You waive any right to injunction or other equitable relief in connection with 13YY ‘s use or exploitation of User Generated Content.
We will not be responsible or liable to any third party for any User Generated Content. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of the 13YY Services, or any authors, experts, celebrity trainers or otherwise. User Generated Content shall not state or reflect the attitudes and opinions of 13YY and any views and opinions expressed on our websites shall not be attributed to or otherwise endorsed by 13YY
We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the 13YY Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Generated Content in connection with any advertising, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and digital commercials, videos, social media websites, applications, or on our websites or in any other commercial manner. We are not, however, obligated to use your User Generated Content.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a limited, non-transferable, non-exclusive license to create a derivative work using our copyrighted works as required for the sole purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
Certain 13YY Services include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting same. You acknowledge and agree 13YY is not responsible for any content posted on public forums by any third parties, including without limitation any content which you may find illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative, offensive or harmful.
You must only use the 13YY Services for lawful purposes and in compliance with any applicable Codes of Conduct, and you must not use them in a way that is illegal or harmful, or infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any 13YY Services. In using any 13YY Services, and in particular, our websites, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:
Certain 13YY Services permit or require you to create an account (such as a 13YY account) to enjoy additional services and benefits that we provide. You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness, or if applicable, provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.
We have adopted and implemented a policy that provides for the suspension or termination, in appropriate circumstances and in our sole and absolute discretion, of the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for offensive, abusive, or illegal conduct.
You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the 13YY Services. You agree not to use the account, username or password of any other account holder at any time. 13YY will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
YOU ACKNOWLEDGE AND AGREE THE 13YY SERVICES, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH, FITNESS, NUTRITION AND WELLNESS CONTENT AND ADVICE, OR ANY OTHER INFORMATION PROVIDED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, ERRORS AND OMISSIONS, AND WITHOUT ANY PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE 13YY SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, UPTIME, ACCESSIBILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE 13YY SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY 13YY SERVICES. YOU AGREE TO USE THE 13YY SERVICES AT YOUR SOLE RISK.
YOU WILL NOT HOLD 13YY OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE 13YY SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE 13YY SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH OUR WEBSITES, INCLUDING WITHOUT LIMITATION, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD PARTIES. CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITES MAY BE AVAILABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH 13YY; PLEASE READ THE WARRANTIES INCLUDED IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE PRODUCTS/SERVICES FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITES.
When you access any 13YY Services through a mobile network, such as one of our mobile applications, or you sign up for our text message programs, your network or roaming provider’s messaging, data and other rates and fees may apply. Not all 13YY Services may work with your network provider or device.
When you sign up to receive text messages from us, you acknowledge and agree you will receive such text messages using an autodialer to the number you provide, and that your consent for us to send you text messages is not a condition of purchasing any 13YY Services. Not all carriers may be included within our text messaging programs. You are free to opt-out of receiving text messages from us at any time. Please see any additional instructions provided to you at the time you sign up.
When you create an account with us (such as a 13YY account), you may be asked to provide certain personal information, such as your name and e-mail address. Some of this information may be publicly viewable by others, such as other 13YY members or account holders.
13YY relies on its members to provide current and accurate information, and we do not, and cannot, investigate information contained in member public profiles. 13YY does not represent, warrant or guarantee the accuracy of public profile information, and hereby disclaims all responsibility or liability for any information provided by members by means of public profiles or otherwise.
You are solely responsible for your interactions with other members. You acknowledge and agree that 13YY does not (i) screen its members; (ii) inquire into the backgrounds of its members; or (iii) review or verify the statements of its members, including without limitation, information or representations contained in public profiles. 13YY does not warrant, endorse or guarantee the conduct of its members or their compatibility with you, and you agree to exercise all precautions in your interactions with other members. Like all open forums on the Internet or social media, you should always be careful about what you share in a public forum, and in particular, you should never share your password, social security number or any other personal information.
Some of our products and services carry a specific money back guarantee, return or exchange policy starting from the date that the product or service is delivered or supplied to you. Please review the information provided with your product/service for specific details.
To exercise your money back guarantee and/or return or exchange a product, send an email to support@fullyalivenation.com and locate your order. If your order is eligible for a return, you may initiate the return by obtaining a Return Authorization Number and follow the instructions provided to return the product. Products that come with a money back guarantee will receive a refund of the purchase price, less applicable shipping and handling, unless stated otherwise. In some cases, you may also be responsible for paying to ship any products back to us. We will not process a refund or reship for products returned without a Return Authorization Number, returned products sent to the wrong address, or any loss or damage to returned products that occur in transit. If returned products are lost or damaged in transit, we reserve the right to charge you for, or not refund any amounts attributable to, any such lost or damaged products. Should you experience any difficulty or delay in returning a product and securing the proper refund, please email us at 13yearsyounger@gmail.com
We have taken reasonable precautions to ensure that all product descriptions, prices and other information shown on our websites are correct and fairly described. However, when ordering products or services through our websites, please note that:
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will of course refund your payment.
All purchases are subject to applicable shipping and handling, and sales and/or other taxes, which will be applied to your order total. For non-shippable goods, sales and/or other taxes will be calculated based on the billing address provided. For shippable goods, sales and/or other taxes will be calculated based on the shipping address provided. For orders that consist of both shippable and non-shippable goods, sales and/or other taxes will be calculated based on the shipping address provided.
For purchases where sales or transaction tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. Tax shown at checkout is an estimate and the actual tax collected may differ once we process the order. We use commercially reasonable efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax represented as owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” and timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may over collect or under collect your tax. In consideration of our allowing you access to the use of the 13YY Services, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and you agree to hold us, our officers, directors, employees, agents and representatives, harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys’ fees) made or incurred as a result of our error in calculating the taxes you owe for your purchases.
If you purchase any 13YY Services on third party platforms, such as Apple, those third parties may be responsible for collecting and remitting applicable taxes to the taxing authorities.
When you provide any information to us for any reason, such as to sign up for an offer, use our mobile applications, or purchase our 13YY Services, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment method information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment method. In the case of e-mail, you must provide an accurate e-mail address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify us if your payment method is cancelled (for example, for loss or theft). Changes to such information can be made by contacting us at 13yearsyounger@gmail.com. To help keep your account current and prevent service interruption, you acknowledge 13YY may update your payment method on file when it is set to expire or based on updates it receives from the bank that issues your payment method. You agree that your placement of an electronic order on our websites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required. If you are accessing, using and/or purchasing any 13YY Services on behalf of a company, you represent you have sufficient authority to bind that company to these Terms.
We will take commercially reasonable efforts to ship your products within the timeframe we provided to you at the time of purchase. Please see the tracking information provided with your order confirmation for approximate delivery timeframes.
Please note that any timeframes we provide are good faith estimates and may be subject to change. We will take commercially reasonable steps to inform you in writing of any shipping delays that extend beyond the timeframe we provided at the time of purchase. Product availability may be limited in some cases and not available for immediate shipment. In that case, products may be delivered in separate shipments depending on availability. For example, if your purchase included two or more items, we may ship those products which are in stock, and later ship the other products to you when they become available. You are always welcome to email support@fullyalivenation.com if you wish to cancel or modify your order due to a delay in shipping. We will not be liable beyond refunding your purchase price if there is a delay in delivering your product(s). We are not responsible for shipments which are returned to sender or refused at delivery, or shipping delays due to factors outside of our reasonable control, such as bad weather, natural disasters, strikes, protests, government disruptions, etc.
Since we are not authorized to sell our products in all jurisdictions, we may reject certain purchases based on the shipping address provided. Please note we reserve the right to set appropriate shipping terms for shipments to certain foreign jurisdictions that are fulfilled from U.S. warehouse locations.
We offer certain products and services on an automatic or subscription basis, so you can enjoy all the benefits of our products or services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annual basis, etc.). By choosing the automatic subscription option, you acknowledge and agree your subscription will automatically renew, and unless and until you cancel, you authorize us to charge your payment method for the products/services you continue to purchase, plus applicable shipping and handling, and taxes. If you purchased a subscription with a free trial period, you authorize us to charge your payment method when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. Physical products will be delivered to the address you provided during your initial purchase. Certain subscription services, such as the 13YY Virtual membership are not physical products, and thus, are not shippable. Your automatic subscription will continue until you or 13YY cancels your order. If there are any changes to your subscription terms, such as pricing, frequency, date of charge or any other items, we will take commercially reasonable efforts to inform you in writing of such change. Subject to the Buyer’s Right to Cancel below for Canadian purchasers for the initial automatic subscription purchase made through a 13YY Partner, you may modify or cancel your subscription at any time by emailing support@fullyalivenation.com. Any modifications or cancellation of your subscription must be received by us at least three (7) days prior to the next scheduled payment/ship date in order to take effect for that period. If you cancel less than three (7) days prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period.
We do not directly sell certain products in any jurisdiction other than the United States as these products may not be approved for sale in other jurisdictions. While 13YY may choose to accept orders for the purchase of its products from non-residents of the United States or Canada, the acceptance of such orders and the sale of such products will only be based on the following conditions precedent:
For products shipped outside the United States or Canada, please note that some 13YY Services, including without limitation, exercise programs, content, manuals, instructions and safety warnings may not be localized in destination country languages; and the products, goods, services and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements. In those cases, you expressly accept those 13YY i Services in the English language and as they are sold.
If you are an active, paid subscriber of 13YY, you will be able to stream a variety of 13YY exercise and nutrition programs, and gain access to related digital program materials, such as workout calendars, nutrition guides, and more. 13YY memberships are not transferable and may only be used by the individual who signed up for the account. If you cancel your membership, you will no longer have access to any 13YY content through 13YY unless otherwise stated.
Although 13YY provides its products and services with your health and safety in mind, each individual has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare provider for necessary medical or appropriate care, follow all 13YY safety and other instructions provided by 13YY, and obtain appropriate authorization before accessing or using any 13YY Services, especially if you are prone to injuries, are pregnant or nursing, are under 30 years of age, or have any other unique or special medical conditions. ALL 13YY SERVICES ARE PROVIDED FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. The information made available on or through the 13YY Services should not be relied upon when making medical or other important healthcare decisions. 13YY DOES NOT PROVIDE CLINICAL SERVICES. ANY 13YY PARTNERS OR INDIVIDUALS CERTIFIED BY 13YY IN ANY 13YY PRODUCTS OR SERVICES ARE NOT FUNCTIONING IN ANY CLINCIAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. THUS, IT IS EXTREMELY IMPORTANT THAT YOU CONSULT YOUR PHYSICIAN OR LICENSED HEALTHCARE PROVIDER – AND NOT 13YY, 13YY PARTNERS OR ANY INDIVIDUAL CERTIFIED BY 13YY – IN CONNECTION WITH YOUR MEDICAL OR HEALTH CONDITION. YOUR USE OF ANY 13YY SERVICES DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND 13YY OR YOU AND ANY PERSON CERTIFIED THROUGH 13YY.
Any individual results using 13YY Services may vary. Exercise and proper diet are necessary to achieve and maintain weight loss, muscle definition, and appearance change. The testimonials featured on our websites may have used more than one 13YY product, nutrition program and/or supplements, or extended the program to achieve their successful results.
Certain 13YY Services, such as nutrition plans provided with our fitness programs and online nutrition database, and access to live chats with our nutrition team, provide nutrition, food, caloric and other related information designed to help our customers eat healthy to help them reach their health and wellness goals. While any nutrition information we may provide is designed to safely align with our related exercise regimens, you must consult your physician or other licensed healthcare provider (AND NOT 13YY OR ANY 13YY PARTNER) before beginning any nutrition plan or altering any dietary regimen, especially if you have any unique or special medical needs or conditions, such as food allergies, dietary restrictions or if you are pregnant or breast feeding. The 13YY Services are not a substitute for professional care. If you have or suspect you may have a medical or psychological problem, or a nutritional deficiency or dietetic condition, you should consult your medical doctor, psychologist or nutritionist, as appropriate.
13YY Partners are independent third-party distributors of the 13YY Services and responsible for conducting themselves and maintaining their independent businesses in compliance with, among other things, 13YY’s policies and procedures and applicable laws. Due to this independent relationship, you acknowledge and agree that 13YY is not responsible or liable for any acts or omissions of any 13YY Partner, including through any statements or communications (verbal, electronic or otherwise), images or other conduct, and whether made within or through any 13YY Services, social media, “offline,” or otherwise. We encourage you to report any inappropriate conduct by any13YY Partner to us at 13yearsyounger@gmail.com.
Please remember that any metrics, values and figures presented or displayed on or within the 13YY Services are estimates only and may be inaccurate. This includes without limitation nutritional values, such as calorie, fat, protein, fiber, and other related values, and equipment-related values, such as heart rate, cadence, resistance and any other related values. You must only use such metrics, values and figures for general reference only and always consult your physician or other licensed healthcare provider for necessary or appropriate care and advice.
13YY provides safety warnings, along with care and use instructions for certain exercises, equipment, products and services. You must always carefully read and follow all such warnings and instructions prior to beginning any exercise, or use of any equipment, products or services. Failure to read and follow any applicable warnings and instructions could result in serious injury and/or death to you and others.
You must always adhere to any minimum age restrictions and limitations related to any 13YY Services, including without limitation, equipment and connected fitness bikes.
You expressly acknowledge and agree that your access, use and/or involvement with any 13YY Services (including without limitation, exercise, nutritional, and equipment and connected fitness bikes/products), independent 13YY Partners, or individuals certified by 13YY in any 13YY products or services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold 13YY harmless from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any 13YY Services.
Counterfeit products hurt us all. While it causes immeasurable harm on a global basis—such as funding terrorism and organized crime, causing identity theft, and contributing to lost business and jobs—it also significantly harms companies, governments, and consumers. 13YY is a victim of this problem and suffers from the illegal stealing, manufacturing, importing and selling of counterfeit 13YY products. Although we are waging the war against counterfeit products, we need your help! If you ever learn of any counterfeit activity, please let us know by sending an email to 13yearsyounger@gmail.com
It is 13YY s policy to respect the copyright and other intellectual property rights of others. 13YY may remove content from its websites or other properties that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, 13YY may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, 13YY complies with the Digital Millennium Copyright Act.
If you believe that content available on or through the online 13YY Services, or accessible via links posted on online 13YY Services, infringes your copyright, you or your authorized agent may submit a notification to us, as set forth in this policy. Please send a notification including all of the information described below (“Notification”) to our copyright agent by mail or e-mail using the contact information provided below.
You may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link posted on the online 13YY Services infringes your copyright, you should contact an attorney.
A Notification must include the following:
Please direct Notifications via email to: 13yearsyounger@gmail.com
Upon receipt of a substantial complaint Notification regarding an alleged copyright violation, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing. We will also terminate in appropriate circumstances users who are willful or repeat infringers.
It is 13YY s policy to respect the copyright and other intellectual property rights of others. 13YY may remove content from its websites or other properties that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, 13YY may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, 13YY complies with the Digital Millennium Copyright Act.
If you believe that content available on or through the online 13YY Services, or accessible via links posted on online 13YY Services, infringes your copyright, you or your authorized agent may submit a notification to us, as set forth in this policy. Please send a notification including all of the information described below (“Notification”) to our copyright agent by mail or e-mail using the contact information provided below.
You may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link posted on the online 13YY Services infringes your copyright, you should contact an attorney.
A Notification must include the following:
Please direct Notifications via email to: 13yearsyounger@gmail.com
Upon receipt of a substantial complaint Notification regarding an alleged copyright violation, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing. We will also terminate in appropriate circumstances users who are willful or repeat infringers.
The terms of this Section shall apply to all Disputes between you and 13YY. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and 13YY arising under or relating to any 13YY Services, 13YY websites, these Terms, or any other transaction involving you and 13YY, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND 13YY AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR 13YY FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, shall decide if a claim falls within one of these four exceptions.
You and 13YY further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) in the U.S. governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages and relief as a court sitting in proper jurisdiction could and may award declaratory or injunctive relief. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.
In the event of a Dispute, you or 13YY must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to 13YY must be addressed to: Victory Management, LLC, dba 13 Years Younger, dba, 13YY , 709 N Cable Rd A, Lima, OH 45805 , U.S.A., Attn.: Chief Operating Officer (the “13YY Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If 13YY and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or 13YY may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
YOU AND 13YY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL, STATE OR PROVINCIAL CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND 13YY AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
If a party elects to commence arbitration, the arbitration shall be governed by in the U.S., the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in these Terms.
except that JAMS or ADR Chambers, as applicable, may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the JAMS Rules or ADR Chambers Rules, as applicable, and the rules set forth in these Terms, the rules set forth in these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, provincial, territorial, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court shall determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in the U.S. in Lima, Ohio.
If either you or 13YY decide to arbitrate a Dispute, we agree to the following procedure:
In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by 13YY or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or 13YY is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
13YY shall pay, or (if applicable) reimburse you for, all JAMS ) filing, administration, and arbitrator fees for any arbitration commenced (by you or 13YY pursuant to provisions of these Terms. You are responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a written letter to the 13YY i Notice Address within thirty (30) days of your initial assent to these Terms (including your first purchase of any 13YY Service or use of our websites) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply.
Notwithstanding any provision in these Terms to the contrary, you and 13YY agree that if 13YY makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to 13YY’s address) in these Terms, 13YY will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the 13YY Notice Address within thirty (30) days of 13YY s notification that specifies: (i) your name; (ii) your mailing address; and (iii) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.
13YY and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Allen County, Ohio, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such court for any such controversy.
You agree to indemnify and hold 13YY, its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and suppliers harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your improper use of any 13YY Services, your violation of these Terms, or your violation of any rights of a third party.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 13YY, Victory Management, LLC, dba 13YEARS YOUNGER, dba 13YY, OR ANY OF ITS SUBSIDIARIES, AFFILIATES OR PARENT COMPANIES, OR ANY OF THEIR SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO 13YY OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY 13YY SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF 13YY AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO 13YY FOR ANY 13YY SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN 13YY AND YOU. THE 13YY SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. 13YY WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, NATURAL DISASTER, CIVIL UNREST OR WAR.
For U.S. residents, you agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will exclusively govern these Terms and Conditions and any Dispute between you and 13YY. For U.S. residents, as the 13YY Services are controlled by 13YY from Ohio, Ohio law will apply regardless of your residence or the location where you use 13YY Services.
13YY is constantly developing new products, from fitness, to healthy supplements, to online applications, and more. Although we typically develop programs internally, we understand some people may be interested in submitting their ideas for possible development and marketing within the 13YY business model. Please note only those programs, products and ideas which promise to uphold, if not improve, our standards and reputation for premium and innovative products may be considered for our brand portfolio. Since we are constantly working on dozens of new projects at any one time, and also provided with many overlapping ideas by individuals outside 13YY we cannot sign non-disclosure agreements to review any submissions or for follow up conversations or promise that any ideas or products you submit are not already being developed by us. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. If you agree with these Terms and believe your new product, program or idea will fit within our exclusive brand portfolio, you may send your ideas, product samples, training videos, or program demonstration submissions by following the instructions at 13yearsyounger@gmail.com
Our websites are controlled, operated, and administered by 13YY from its offices within the United States of America. 13YY makes no representation or warranty that the materials contained within the 13YY Services are appropriate or available for use at locations outside of the United States, and access to them from territories where the contents or products available through the 13YY Services are illegal is prohibited. You may not use the 13YY Services or export the 13YY Services in violation of U.S. export laws and regulations. If you access the 13YY Services from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations, and ordinances.
All notices required or permitted to be given under these Terms must be in writing. 13YY may provide you notice by sending you an e-mail to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH 13YY IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY 13YY OF AN EMAIL TO THAT ADDRESS. You shall give any notice to 13YY by means of U.S. mail, postage prepaid, to Victory Management LLC, dba 13YY, 709 N Cable Rd A, Lima, OH 45805, Attn: Chief Operating Officer. Such notice to 709 N Cable Rd A, Lima, OH 45805 shall be effective upon receipt of notice by 709 N Cable Rd A, Lima, OH 45805
If any provision of these Terms (except for Section 9), or a part thereof, shall be unlawful, void or for any reason unenforceable, then that provision or part thereof shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or parts thereof.
Notwithstanding anything to the contrary in these Terms, 13YY may, in its sole and absolute discretion, suspend, disable, block, or terminate your access and use of any 13YY Services (including without limitation, deleting your account(s) or any part thereof), or block, remove or delete any User Generated Content that you submitted, for any lawful reason, including if 13YY determines in its discretion that you violated these Terms (such as and including by way of example, to the extent your conduct or User Generated Content violates these Terms or could damage 13YY’s reputation or goodwill). If 13YY suspends, disables, blocks, terminates or deletes your account, you may not re-register for or use the 13YY Services under any other login or profile. 13YY may block your access to the 13YY Services to prevent re-registration. You agree that 13YY will not be liable for any interruption or termination of your access and/or use of the 13YY Services.
Except as set forth in these Terms, only you and 13YY may enforce these Terms; no third party shall be entitled to enforce these Terms.
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by the Chief Operating Officer of 13YY in order to be effective.
13YY may assign these Terms to any person or entity at any time, for any reason, with or without notice to you.
These Terms may not be amended unless in a signed writing by the Chief Operating Officer of 13YY. These Terms constitute the final, exclusive and complete agreement between you and 13YY regarding the subject matter hereof and supersede all agreements, communications and course of dealings between you and 13YY
It is the express intent of the parties that these Terms and all related documents have been drafted in English.
You may cancel this contract from the day you enter into the contract until 10 days after you receive a copy of the contract. You do not need a reason to cancel.
If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial/territorial consumer affairs office.
If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods.
To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax or by personal delivery.
To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, facsimile, or by personal delivery.
If you send the notice of cancellation by mail, facsimile or electronic mail, it doesn’t matter if the seller receives the notice within the required period as long as you sent it within the required period.
However, if you cancel this agreement after having solicited the goods or services from the supplier and having requested that delivery be made or performance be commenced within ten (10) days after the date this agreement is entered into, the supplier is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this agreement was entered into and the date on which you gave notice of cancellation to the supplier, except goods that can be repossessed by or returned to the supplier.
If the supplier requests in writing repossession of any goods that came into your possession under the agreement, you must return the goods to the supplier’s address, or allow one of the following persons to repossess the goods at your address: the supplier, a person designated in writing by the supplier.
If you cancel this agreement, you must take reasonable care of any goods that came into your possession under the agreement until one of the following happens:
(Consumer Protection Act, Section 58)
You may cancel this contract for any reason within 10 days after you receive a copy of the contract along with the other required documents.
If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel the contract within one year. You lose that right if you accept delivery after the 30 days. There are other grounds for an extension of the cancellation period to one year, for example if the itinerant merchant does not hold a permit or has not provided the required security at the time the contract is made, if the goods are never delivered or the services never performed, or if the contract is incorrectly made or worded. For more information, you may seek legal advice or contact the Office de la protection du consommateur.
If you cancel the contract, the itinerant merchant must refund all amounts you have paid, and return to you the goods received in payment, as a trade-in or on account; if the merchant is unable to return the goods, you are entitled to receive an amount of money corresponding to the value indicated in the contract or the cash value of the goods, within 15 days of cancellation. You also have 15 days to return to the merchant any goods you received from the merchant.
To cancel, you must return the items received from the merchant to the merchant or the merchant’s representative, send the merchant the cancellation form printed below, or send the merchant written notice of cancellation. The form or written notice must be sent to the merchant or the merchant’s representative at the address indicated on the form, or at any other address indicated in the contract. You must give notice of cancellation by personal delivery or by any other method that will allow you to prove that you gave notice, including registered mail, E-mail, fax and courier.
Disclaimer: Results vary depending on starting point, goals, and effort. Exercise, proper diet, and supplementation are necessary to achieve and maintain weight loss, muscle definition and appearance. The testimonials featured may have used more than one 13 Years Younger referred product or extended the program to achieve their maximum results.
Consult your physician and follow all safety instructions before beginning any exercise program or using any supplement, nutrition plan, or meal replacement product, especially if you are pregnant, breastfeeding, or if you have any unique or special medical conditions.
The contents on our website are for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment.
