Updated: February 23, 2026

Everyday Battles, LLC, dba Brianna Battles, owner and operator of www.briannabattles.com and its affiliates, subsidiaries and parent companies (collectively, "Brianna Battles," "us," "we," "Company," or "our") are pleased to provide you with access to and use of our websites, content, streaming services, products, goods, equipment, services, memberships, subscriptions, community platforms, promotions, software, technology and any other materials (collectively, "Brianna Battles Services" or "Program") that we may provide.

THE BRIANNA BATTLES SERVICES ARE NOT INTENDED FOR ANYONE UNDER THE AGE OF 13 OR 16 IF YOU ARE IN THE EU. IF YOU ARE 13 TO 17 YEARS OF AGE, OR CONSIDERED A MINOR IN YOUR JURISDICTION, YOU MUST ACCESS AND/OR USE ANY BRIANNA BATTLES SERVICES ONLY WITH THE CONSENT OF YOUR PARENT OR GUARDIAN TO THE FOLLOWING TERMS:

1. Contract Between You and Brianna Battles; Privacy Policy

These Terms and Conditions of Use ("Terms") and our Privacy Policy (available at [LINK]) form a legally binding agreement between you and Brianna Battles, and govern your access and use, and our provision of, the Brianna Battles Services and any other technology, items or other materials on which these Terms are posted.

BY ACCESSING OR USING ANY BRIANNA BATTLES SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS, OUR PRIVACY POLICY AND ANY AMENDMENTS THERETO, AND YOU AGREE YOU ARE AT LEAST 13 YEARS OF AGE.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY BRIANNA BATTLES SERVICES, ESPECIALLY SINCE THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. SEE SECTION 10 BELOW FOR RESOLUTION OF DISPUTES BETWEEN YOU AND BRIANNA BATTLES.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF ANY BRIANNA BATTLES SERVICES.

Supplemental terms and conditions may apply to certain Brianna Battles Services, such as rules for a particular contest, sweepstakes, competition, or activity, or terms that may accompany certain content, software or other materials accessible through the Brianna Battles Services ("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.

We have intentionally written these Terms in plain language where possible so they are easier to understand.

2. Changes to These Terms

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 Brianna Battles 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 Brianna Battles Services. By continuing to use any Brianna Battles Services after any changes are posted, you expressly accept any applicable changes. Please note our employees, customer service representatives, or other agents are not authorized to modify any provision of these Terms, either verbally or in writing.

3. AI, Machine Learning, and Automated Use Restrictions

You may not, and may not permit any third party to:

(a) Use, access, scrape, crawl, or collect any content, data, text, images, video, audio, or other material from the Brianna Battles Services for the purpose of training, developing, testing, or improving any artificial intelligence system, machine learning model, large language model, or similar automated or algorithmic system;

(b) Use any automated system, software, or process (including bots, scrapers, crawlers, spiders, or data mining tools) to extract, copy, or reproduce any content or data from the Brianna Battles Services, except as the result of standard search engine indexing;

(c) Compile, aggregate, or create datasets from the Brianna Battles Services' content, whether for commercial or non-commercial purposes, without our prior written consent.

We expressly reserve all rights in and to our content and do not grant any license, implied or otherwise, for use of the Brianna Battles Services or their content in connection with artificial intelligence, machine learning, or similar technologies.
Any unauthorized use of the Brianna Battles Services or their content in connection with artificial intelligence systems, machine learning systems, or automated data collection shall be deemed a material breach of these Terms.
Automated access to the Brianna Battles Services is governed by these Terms and any robots.txt file we may publish.

4. Intellectual Property

4.1 Ownership. You acknowledge and agree that the Brianna Battles 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 arising therefrom, are owned by Brianna Battles or its affiliates, licensors, or suppliers. You further acknowledge and agree that the source and object code of certain Brianna Battles Services and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of Brianna Battles and its affiliates, licensors, and suppliers. You expressly agree that you will do nothing inconsistent with Brianna Battles's ownership of the Brianna Battles Services, and that you gain no rights, title, or interest in or to any Brianna Battles Services, except as stated in these Terms or any executed written agreement between you and Brianna Battles. 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 Brianna Battles or any third party.

4.1(a) Course Materials and Programs. All programs and Course Materials created by Brianna Battles are intended solely for those who have paid for access. Except as expressly permitted under Section 4.2(a) (Certified Professional License), you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, or in any way exploit or share any Course Materials or program content, or sell or offer the same for sale.

4.1(b) Unauthorized Use. Any use of Course Materials, programs, or content other than as expressly authorized in Section 4.2 (Limited License), Section 4.2(a) (Certified Professional License), or by a separate written agreement with Company constitutes unauthorized use ("Unauthorized Use"). Unauthorized Use includes, but is not limited to:

(a) Reselling any Course Materials or program content;

(b) Reproducing, repackaging, or paraphrasing Course Materials, frameworks, tools, or methodologies in your own voice or format, including through the use of artificial intelligence, paraphrasing tools, or other means that do not result in a substantially new and independently original work (and for the avoidance of doubt, any use described in Section 4.2(a)(ii) undertaken without Company's prior written approval shall be deemed Unauthorized Use);

(c) Creating, selling, or distributing any materials, books, courses, programs, certifications, or digital equivalents that teach Company's tools, frameworks, or methodologies;

(d) Sharing Course Materials or program content with any person who has not independently purchased access, regardless of whether such sharing is for commercial or non-commercial purposes; and

(e) Using Company's trademarks, logos, or branding to create domains, social media accounts, products, events, offers, or services, except as expressly permitted under Section 4.2(a)(i)(b).

4.1(c) Remedies for Unauthorized Use. You agree to pay liquidated damages of five (5) times the total fees paid by you for the applicable Program in the event of Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Program, in addition to any other legal or equitable remedies Company may be entitled to pursue. This amount represents the parties' reasonable estimate of the damages likely to result from Unauthorized Use and is not a penalty. You further agree that any violation or threatened violation of Company's intellectual property rights under these Terms would cause irreparable injury to Company that may not be adequately compensated by monetary damages, and that Company shall be entitled to seek injunctive relief, without bond, in addition to all other available legal remedies. Company may also immediately revoke any license or certification granted to you under these Terms, terminate your access to the Course and Course Materials without refund, and pursue any other remedies available under applicable law.

Section 4.2 Limited License.
For any Brianna Battles 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 to access and use the specific Brianna Battles Services, and any related software, content, or other materials, for your personal, non-commercial use only, except as expressly set forth in Section 4.2(a) below. The Company shall maintain a digital program or course area that may include various types of content, including video, audio, written lessons, templates, worksheets, checklists, slide decks and other training and support materials (collectively, "Course Materials"). You shall have access to this Course Area for as long as the Course Area exists, however no less than one (1) year from the date of your purchase. In the event that Company intends to close or discontinue the Course Area, it shall provide you with at least thirty (30) days' notice and the ability to download the resources contained in the Course Area according to the licensing terms of this Agreement. If Company closes the Course Area before one (1) year from your purchase date, Company will provide a pro-rata refund or equivalent replacement product. "Lifetime Access" as used in any marketing materials means access for the lifetime of the product, Site, or the Company, whichever is shortest, not your lifetime.

4.2(a) Certified Professional License. Notwithstanding the personal, non-commercial use restriction set forth above, if you have successfully completed the Pregnancy & Postpartum Athleticism certification program and your certification remains in good standing (a "Certified Professional"), Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to apply the concepts and methodologies learned in the Course in your own professional coaching practice, subject to the following conditions:

(i) Permitted Uses Requiring No Prior Approval. A Certified Professional may, without obtaining prior written approval from Company:

(a) Apply Course concepts and methodologies when coaching the Certified Professional's own individual clients, provided the Certified Professional does not reproduce, distribute, or display Course Materials to those clients;

(b) Reference the Certified Professional's P&PA certification status in professional biographies, websites, and marketing materials using the designation "P&PA Certified" or such other designation as Company may approve in writing, and in accordance with any brand usage guidelines Company provides from time to time; and

(c) Print and display only those Course Materials that Company has expressly designated as "Approved for Display" within the Course platform, and only within the Certified Professional's own physical training facility.

(ii) Permitted Uses Requiring Prior Written Approval. The following uses require Company's prior written approval before the Certified Professional may undertake them. Requests must be submitted by email to support@briannabattles.com and must include a reasonably detailed description of the proposed use, the intended audience, and the format in which the materials will be presented. Company will use reasonable efforts to respond within fourteen (14) business days of receiving a complete request. Company may grant, condition, or deny approval in its sole discretion.

(a) Creating original fitness programs, workshops, seminars, or classes that incorporate or are informed by Course frameworks, tools, or methodologies, provided that any such program must contain substantial original content created by the Certified Professional and must not reproduce Course Materials;

(b) Creating written or digital content, including but not limited to blog posts, articles, social media content, newsletters, or client handouts, that references, describes, or applies Course concepts or methodologies beyond general, incidental mention;

(c) Displaying Course Materials in any location other than the Certified Professional's own physical training facility, including but not limited to at events, conferences, guest lectures, or third-party gym locations;

(d) Using any Company trademarks, logos, or branding beyond the "P&PA Certified" designation described in Section 4.2(a)(i)

(b) above; and

(e) Any other commercial use of Course concepts, methodologies, or Course Materials not expressly addressed in this Section 4.2(a).

For the avoidance of doubt, approval of a specific use under this Section 4.2(a)(ii) does not constitute a waiver of Company's rights or a blanket approval for similar future uses. Each proposed use requires separate approval.

(iii) Attribution. For any use approved under Section 4.2(a)(ii), the Certified Professional must include the following attribution in a reasonably prominent location associated with the materials or program: "Based on the Pregnancy & Postpartum Athleticism framework by Brianna Battles," or such other attribution as Company may specify in its written approval.

(iv) Conditions and Limitations.

(a) This license is personal to the individual Certified Professional and may not be shared with, transferred to, or exercised by any colleague, employee, contractor, business partner, or other third party.

(b) Nothing in this Section 4.2(a) authorizes the Certified Professional to reproduce, distribute, share, or make available actual Course Materials, including but not limited to videos, slides, worksheets, templates, checklists, audio recordings, or written lesson content, with any person who has not independently purchased access to the Course.

(c) Company reserves the right to review any materials the Certified Professional creates under this Section 4.2(a) and to require modifications to or cessation of use of such materials if Company determines, in its reasonable discretion, that the materials infringe upon, are substantially similar to, or misrepresent Course Materials or Company's intellectual property. Upon receiving written notice from Company requesting modifications or cessation, the Certified Professional shall comply within fifteen (15) business days.

(d) Company may revoke this license, in whole or in part, at any time upon thirty (30) days' written notice if the Certified Professional breaches any condition of this Section 4.2(a) or any other provision of these Terms, or if the Certified Professional's certification is revoked, suspended, or lapses for any reason. Revocation shall not limit Company's right to pursue any other remedies available under these Terms or applicable law.

(e) All restrictions set forth in these Terms, including without limitation Section 4.3 (Restrictions), Section 4.4 (AI, Machine Learning, and Automated Use), and the Unauthorized Use provisions of Section 4, remain in full force and effect and apply to any use undertaken under this Section 4.2(a). In the event of any conflict between this Section 4.2(a) and any other provision of these Terms, the more restrictive provision shall control.

(v) Unauthorized Use and Remedies. Any use of Course Materials, Course concepts, or Course methodologies that falls outside the scope of this Section 4.2(a), or any use described in Section 4.2(a)(ii) that is undertaken without first obtaining Company's written approval, shall constitute Unauthorized Use and shall be subject to the liquidated damages and other remedies set forth in Section 4 of these Terms, including but not limited to immediate revocation of the Certified Professional's license and certification, liquidated damages of five (5) times the total fees paid for the Program or a minimum of $5,000, and Company's right to seek injunctive relief.

4.3 Restrictions. You are prohibited from, and expressly agree that you will not:

(a) circumvent or disable any content protection system or digital rights management technology used with any Brianna Battles Services;

(b) decompile, reverse engineer, disassemble or otherwise reduce any Brianna Battles Services to a human-readable form;

(c) remove identification, copyright or other proprietary notices in or on the Brianna Battles Services;

(d) access or use any Brianna Battles 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;

(e) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Brianna Battles Services or any part thereof, except as expressly authorized in these Terms or as part of the Brianna Battles Services provided to you;

(f) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Brianna Battles Services or connected network, or interfere with any person or entity's use or enjoyment of any Brianna Battles Services;

(g) access, monitor, or copy any element of the Brianna Battles Services using a robot, spider, scraper or other automated means or manual process without our express written permission;

(h) sell, resell, or make commercial use of the Brianna Battles Services, unless you have an executed agreement with us that expressly allows for such activity;

(i) use any Brianna Battles Services content for training, developing, or improving any artificial intelligence, machine learning, or similar automated system (see Section 3).

You may not access or use any Brianna Battles Service in violation of United States export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any Brianna Battles Services, you represent and warrant that:

(j) your access to and use of the Brianna Battles Services, or any content or software therein, will comply with any and all requirements in these Terms;

(k) 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; and

(l) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Brianna Battles Services and our websites.

4.4 AI, Machine Learning, and Automated Use. For the avoidance of doubt: no license is granted for any use of the Brianna Battles Services or their content for artificial intelligence training, machine learning, large language model development, data mining, or dataset creation, whether for commercial or non-commercial purposes, except as expressly agreed by Company in writing. Any unauthorized use of Brianna Battles Services content in connection with artificial intelligence systems, machine learning systems, or automated data collection shall constitute a material breach of these Terms and an infringement of Company's intellectual property rights.

4.5 Third Party Services and Content. Certain Brianna Battles Services may integrate, be integrated into, or be provided in connection with third-party websites, services, 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 Brianna Battles Services. There is no implied affiliation, endorsement or adoption by Brianna Battles 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 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 Brianna Battles 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 Brianna Battles Services. 

BRIANNA BATTLES DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON ANY BRIANNA BATTLES 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 BRIANNA BATTLES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY CONTENT POSTED ON THE BRIANNA BATTLES SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH THE BRIANNA BATTLES SERVICES.

4.6 Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THE BRIANNA BATTLES SERVICES, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH AND WELLNESS CONTENT AND ADVICE, AND NUTRITIONAL ADVICE OR INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE BRIANNA BATTLES SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE BRIANNA BATTLES 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 BRIANNA BATTLES SERVICES. YOU AGREE TO USE THE BRIANNA BATTLES SERVICES AT YOUR SOLE RISK. YOU WILL NOT HOLD BRIANNA BATTLES 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 BRIANNA BATTLES SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE BRIANNA BATTLES 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 BRIANNA BATTLES; 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.

4.7 Mobile Networks; Texting. When you access any Brianna Battles 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 Brianna Battles Services may work with your network provider or device.

5. Your Content and Account

5.1 User Generated Content. The Brianna Battles 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, or other content ("User Generated Content"). User Generated Content that you submit through your Team Brianna Battles Account or any other Brianna Battles Services will be stored, maintained and used by Brianna Battles 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 Brianna Battles determines in its sole and absolute discretion is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, 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. 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, that you are over the age of 18, and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms, including the right to use your likeness and identify you by name, email address, or screen name as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company that reference the Company or the program, and to identify you as a member of the program by name, email address, or screen name, for any purposes, including commercial purposes and advertising.

5.2 Recordings and Replays. Company may record coaching calls, group calls, trainings, webinars, community sessions, or events for quality assurance, training purposes, or to provide replays to participants.

Notice and Consent Requirement. Before any recording begins, Company will provide clear notice that the session will be recorded. Your continued participation after receiving such notice constitutes your consent to be recorded. If you do not consent to being recorded, you must notify the host immediately and disconnect from the session. For participants located in jurisdictions requiring all-party consent to recording (including but not limited to California, Illinois, Florida, Pennsylvania, and similar jurisdictions), your affirmative continuation after the recording notice serves as your express consent.

Use of Recordings. Recordings may be made available to other participants in the same program, membership, or community. Company will not publicly post recordings containing your name, likeness, or voice outside of the program context without your separate written consent, except that Company may use anonymized or aggregated content, testimonials you have separately authorized, or brief clips for promotional purposes where permitted by law.

Opt-Out. If you wish to participate without being recorded, contact us at support@briannabattles.com before the session to discuss alternative arrangements, which may include receiving materials in a different format.

5.3 Indemnification for User Content. You agree to indemnify and hold us and our affiliates and subsidiaries, and each of their respective employees and officers, 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. 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 Brianna Battles Services, or any authors, experts, celebrity trainers or otherwise. User Generated Content shall not state or reflect the attitudes and opinions of Brianna Battles, and any views and opinions expressed on our websites shall not be attributed to or otherwise endorsed by Brianna Battles. You agree to comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Brianna Battles Services and our websites.

5.4 License to Your User Generated Content. We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sub-licensable, 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 Brianna Battles 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, or on our websites. 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.

5.5 Public Forums. Certain Brianna Battles 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.

5.6 Community Conduct.

(a) Pitch-Free Zone. The Services and Programs offered by Company are in a "pitch free zone." You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website, community platform, or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Program participants to join, "shadow" groups on social media or any other platform.

(b) Community Guidelines. If the Services include a community, group, or forum (including but not limited to the P&PA Coaches Community), you agree to participate respectfully and to follow Company's posted community guidelines. Company may remove posts or suspend access if you are disruptive, abusive, or violate these Terms or the applicable community guidelines.

(c) Confidentiality of Community Discussions. Discussions, advice, and materials shared by other members in Company communities are confidential. You agree not to share, screenshot, copy, or distribute other members' content outside the community without their express permission.

(d) Professional Conduct. You agree to treat other community members with professionalism and respect, refrain from recruiting or poaching clients or employees from other members, and comply with all applicable laws and professional standards.

(e) Enforcement. Company reserves the right to remove content, issue warnings, or suspend or terminate your access for violations of community guidelines or these Terms. We may also post separate rules regarding your behavior in any online community or forum, which may be updated from time to time and are incorporated into this Agreement.

5.7 User Conduct. You must only use the Brianna Battles Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of any Brianna Battles Services. In using any Brianna Battles 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:

(a) copy, reproduce, or improperly use or access any content on our websites;

(b) modify, distribute, or re-post any content on our websites for any purpose;

(c) use the content on our websites for any commercial exploitation whatsoever;

(d) disrupt or interfere with the security of, or otherwise abuse, our websites, or any services, system resources, accounts, servers, or networks connected to or accessible through our websites or affiliated or linked sites;

(e) access content, data or portions of our websites which are not intended for you, or log onto a server or account that you are not authorized to access;

(f) attempt to probe, scan, or test the vulnerability of the Brianna Battles Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;

(g) access any Brianna Battles Services or our websites through any automated means, such as "robots," "spiders," or "offline readers";

(h) interfere or attempt to interfere with the use of our websites or the Brianna Battles Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";

(i) use any data mining, "scraping", web crawling, robots, or similar data gathering and extraction methods on our websites;

(j) harass, "stalk", disrupt or interfere with any other user's enjoyment of our websites or affiliated or linked sites;

(k) upload, post, or otherwise transmit through or on our websites any viruses or other harmful, disruptive, or destructive files;

(l) use, frame, or utilize framing techniques to enclose any Brianna Battles trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without Brianna Battles's express written consent;

(m) use meta tags or any other "hidden text" utilizing a Brianna Battles name, trademark, or product name without Brianna Battles's express written consent;

(n) deeplink to our websites without Brianna Battles's express written consent;

(o) create or use a false identity on our websites, share your account information, or allow any person besides yourself to use your account to access our websites;

(p) harvest or otherwise collect information about Brianna Battles users, including email addresses and phone numbers;

(q) download, "rip," or otherwise attempt to obtain unauthorized access to any Brianna Battles Services, content or other materials; and

(r) post any copyrighted material unless the copyright is owned by you.

5.8 Your Account; Passwords. Certain Brianna Battles Services may permit or require you to create an 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 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 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 Brianna Battles Services. You agree not to use the account, username or password of any other account holder at any time. Brianna Battles 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.

5.9 Member Public Profiles. If or when you create an account with us, 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 Brianna Battles members or account holders. Brianna Battles relies on its members to provide current and accurate information, and we do not, and cannot, investigate information contained in member public profiles. Brianna Battles 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 Brianna Battles 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. Brianna Battles 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.

6. Brianna Battles's Products/Services; Websites; Orders

6.1 Product and Service Descriptions, Price and Other Information. We have taken reasonable precautions to ensure that all service 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:

(a) Brianna Battles reserves the right to not accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;

(b) Brianna Battles reserves the right to refuse or discontinue the supply of any product or service to any customer, or change, suspend or discontinue any aspect of our websites at any time in our sole and absolute discretion;

(c) all prices are displayed in United States Dollars unless expressly indicated otherwise;

(d) packaging and contents may vary from that shown on our websites;

(e) any weights, dimensions, and capacities shown on our websites are approximate only;

(f) when you place an order, we estimate the tax applicable to your order and include that estimate in the total for your convenience (the final tax amount will be based on the then-current rate as established by the taxing authority, charged to your payment card, and reflected in the order confirmation and package invoice we provide to you); and

(g) all items are subject to availability and we will inform you as soon as reasonably possible if any product or service you ordered is not available and whether we may offer you an alternative of equal or higher quality and value.

Please also note that we may be required to change the terms of any products, goods or services that we offer and/or you purchase. This includes without limitation changes to prices, taxes, shipping and handling amounts, specifications, delivery times, and/or package contents. Brianna Battles will not incur any obligation as a result of such change. By continuing to accept products, goods and/or services after we have notified you of a change to any terms, you will be deemed to have accepted the change.

6.2 Your Personal and Payment Information. When you provide any information to us for any reason, such as to sign up for an offer or purchase our Brianna Battles Services, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment card information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card. 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 card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service at support@briannabattles.com. To help keep your account current and prevent service interruption, you acknowledge Brianna Battles may update your payment card information on file when it is set to expire or based on updates it receives from the bank that issues your payment card. 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.

6.3 Credit card/debit card. If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services). If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above. Regarding recurring payments and outstanding invoices: If all payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new payment method promptly or your Program access will be terminated. If you do not request a refund according to the Program's Refund Policy set forth below, you are required by law to complete the remaining payments of your payment plan and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding payments, using any eligible payment method we have on record for your account.

6.4 Brianna Battles's Reservation of Rights. Brianna Battles reserves the right to suspend or terminate your interaction with any Brianna Battles Services for any or no reason in its sole and absolute discretion, including your access, use or purchase of any products, goods or services that we provide. If you are accessing, using and/or purchasing any Brianna Battles Services on behalf of a company, you represent you have sufficient authority to bind that company to these Terms.

6.5 Refunds. Each program offered has its own refund policy. In general, we do not issue refunds for purchases without just reason, in Company's sole discretion. Requests for refunds may be submitted to support@briannabattles.com. We limit any refund requests to within 30 days of purchase. For most programs, full payment is due at the time of purchase. Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds. If you receive a refund of any purchase through the terms and conditions, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms of Use or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

6.6 Default No Refund Policy. In all other cases, because of the extensive time, effort, preparation and care that goes into creating and providing the Programs and Services, the Company has a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program and no refunds will be provided to you. By using and/or purchasing our Program, you understand and agree that, except for the limited refund policy described above, all sales are final and no refunds will be provided.

6.7 Payment Plan. For Pregnancy and Postpartum Athleticism, students may choose to enroll in a payment plan. If we are unable to collect a payment from a student, we will unenroll the student from the course until full payment is made and reserve the right to collect full payment, in addition to any bank fees, collection fees, or attorney fees. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater. Since we have a clear and explicit Refund Policy in these terms that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback. If you opted for a payment plan and you do not request a refund within the Refund Period, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

6.8 Discipline. Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these Terms. Therefore, if a participant disagrees with how the Company disciplines another member and requests a refund, the Company will deny such request. Furthermore, if a participant violates these Terms, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these Terms. If a participant disagrees with the Company offering another participant a second opportunity to follow these terms, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied. If, in the Company's sole right and discretion, you persist with behaviors or actions that violate these Terms, the Company may terminate your access and participation in the Program without notice and without refund.

7. Subscriptions and Auto-Renewal

7.1 Subscription Services. Company may offer subscription-based Services, including but not limited to membership communities, ongoing access programs, and recurring content delivery (collectively, "Subscription Services"). Subscription Services are governed by this Section 7 in addition to any product-specific terms presented at checkout.

7.2 Auto-Renewal. If you purchase a Subscription Service, your subscription will automatically renew at the end of each billing period (monthly or annually, as applicable) at the then-current rate unless you cancel before the renewal date. You authorize Company to charge your payment method on file for each renewal period.

7.3 Cancellation. You may cancel your subscription at any time by contacting support@briannabattles.com or through the cancellation method provided in your account settings. Cancellation will be effective at the end of the current billing period; you will retain access until then but will not receive a refund for the current period.

7.4 Price Changes. Company may change subscription pricing at any time. For existing subscribers, price changes will take effect at the start of your next billing period following at least thirty (30) days' notice (or such longer notice period as may be specified in your product-specific terms).

7.5 Failed Payments. If a payment fails, Company may suspend access until payment is received. Unless required by law, suspension or termination of access does not cancel your obligation to pay any remaining amounts due under a payment plan.

7.6 Confirmation. Upon purchase of a Subscription Service, you will receive a confirmation email with your subscription terms, billing cycle, renewal date, and cancellation instructions.

7.7 Free Trials. If Company offers a free trial of a Subscription Service, Company will notify you at least fourteen (14) days before your trial ends of the date your paid subscription will begin, the applicable rate, and how to cancel. If you do not cancel before the trial ends, you authorize Company to charge your payment method at the rate disclosed.

8. Important Notice About Our Fitness and Nutrition Content

8.1 The Brianna Battles Services Do Not Constitute Medical Advice. Although Brianna Battles provides its products and services with your health and safety in mind, it is critical that you consult your physician, follow all provided safety and other instructions, and obtain authorization before accessing or using any Brianna Battles Services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. The Brianna Battles Services are provided 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. The information made available on or through the Brianna Battles Services should not be relied upon when making medical decisions. YOUR USE OF ANY BRIANNA BATTLES SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND BRIANNA BATTLES. Your individual results using Brianna Battles Services may vary. Exercise and proper diet are necessary to achieve and maintain weight loss and muscle definition. The testimonials featured on our websites may have used more than one Brianna Battles product or extended the program to achieve their maximum results.

8.2 Nutrition Information. Certain Brianna Battles Services, such as nutrition plans, provide nutrition, food, caloric and other related information designed to help our customers eat healthy to 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 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.

8.3 Assumption of Risk. You expressly acknowledge and agree that your access, use and/or involvement with any Brianna Battles Services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, 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 harmless Brianna Battles from and against all claims, suits, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any Brianna Battles Services.

9. Piracy

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. Brianna Battles is a victim of this problem and suffers from the illegal stealing, manufacturing, importing and selling of counterfeit Brianna Battles 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 support@briannabattles.com.

10. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

10.1 Informal Resolution First. Before initiating any formal dispute resolution proceeding, you agree to first contact Company at support@briannabattles.com and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved this way. If we cannot resolve the dispute informally, either party may proceed as set forth below.

10.2 Disputes. The terms of this Section shall apply to all Disputes between you and Brianna Battles. For the purposes of this Section, "Dispute" shall mean any dispute, claim, or action between you and Brianna Battles arising under or relating to any Brianna Battles Services, Brianna Battles's websites, these Terms, or any other transaction involving you and Brianna Battles, 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 BRIANNA BATTLES AGREE THAT "DISPUTE" AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION; DISPUTE ALSO DOES NOT INCLUDE DEBT COLLECTION AND FAILED PAYMENT CLAIMS. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these exceptions.

10.3 Binding Arbitration. You and Brianna Battles 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.) 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 as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. 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.

10.4 Arbitration Procedure. The arbitration shall be governed by the rules of the American Arbitration Association ("AAA") that are in effect at the time the arbitration is initiated, available at www.adr.org, under its Consumer Arbitration Rules then in effect, except as modified by this Section 10. If there is a conflict between the AAA Rules 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, 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 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 may 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 or video conference. Arbitration hearings not conducted by telephone or video conference shall take place in a location reasonably accessible from your primary residence within the United States, or in Ada County, Idaho, at your option.

10.5 Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court's jurisdiction and is pending only in that court.

10.6 Dispute Notice. In the event of a Dispute, you or Brianna Battles 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 must be emailed to support@briannabattles.com. If Brianna Battles and you do not reach an agreement to resolve the Dispute within thirty (30) days after the Dispute Notice is received, you or Brianna Battles 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.

10.7 WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND BRIANNA BATTLES 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 OR STATE 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 BRIANNA BATTLES AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

10.8 Costs and Fees. Payment of filing fees, arbitrator fees, and other costs shall be governed by the AAA's Consumer Arbitration Rules. If you demonstrate that such costs would be prohibitive compared to litigation, Company will pay as much of your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party shall bear its own attorneys' fees unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.

10.9 Mass Arbitration Protocols. If twenty-five (25) or more similar arbitration demands are filed against Company within a 90-day period by the same law firm or coordinated group of claimants ("Mass Arbitration"), the following procedures shall apply:

(a) the parties shall cooperate to select a single arbitrator to resolve a bellwether batch of up to ten (10) cases, chosen jointly by the parties;

(b) the remaining cases shall be stayed pending resolution of the bellwether cases;

(c) following the bellwether decisions, the parties shall engage in a global mediation before a mutually agreed mediator; and

(d) if mediation is unsuccessful, the remaining cases shall proceed in batches of no more than fifty (50) at a time.

This process is intended to provide an efficient resolution while preserving each claimant's individual claims.

10.10 Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to support@briannabattles.com within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, you and Company may pursue claims against each other in court, subject to the jury trial waiver in Section 10.7 (to the extent enforceable). Opting out will not affect any other provisions of these Terms.

10.11 Initiation of Arbitration Proceeding. If either you or Brianna Battles decide to arbitrate a Dispute, we agree to the following procedure:

(a) Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.adr.org ("Demand for Arbitration").

(b) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043.

(c) Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.

10.12 Hearing Format. 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 Brianna Battles or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Brianna Battles is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

10.13 Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and Brianna Battles agree that if Brianna Battles makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Brianna Battles's address) in these Terms, Brianna Battles will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any 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.

10.14 Severability. 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.

10.15 Exclusive Venue for Other Controversies. Brianna Battles 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 Ada County, Idaho, or the United States District Court for the District of Idaho, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

11. Indemnification; Limitation of Liability

11.1 Indemnification. You agree to indemnify and hold Brianna Battles, 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 Brianna Battles Services, your violation of these Terms, or your violation of any rights of a third party.
Your indemnification obligations under this Section 11.1 shall not exceed the greater of: (a) the total amounts you have paid to Company in the twelve (12) months preceding the claim; or (b) $1,000. This cap does not apply to claims arising from your willful misconduct, fraud, gross negligence, or infringement of Company's intellectual property rights.

11.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BRIANNA BATTLES OR ITS 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 BRIANNA BATTLES OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY BRIANNA BATTLES 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 BRIANNA BATTLES AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE LIMITED TO THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100); OR (B) THE TOTAL AMOUNTS PAID BY YOU TO BRIANNA BATTLES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

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 BRIANNA BATTLES AND YOU. THE BRIANNA BATTLES SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BRIANNA BATTLES 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, OR WAR.

12. Copyright Policy and Copyright Agent

It is Brianna Battles's policy to respect the copyright and other intellectual property rights of others. Brianna Battles 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, Brianna Battles may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Brianna Battles complies with the Digital Millennium Copyright Act.

If you believe that content available on or through the online Brianna Battles Services, or accessible via links posted on online Brianna Battles 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 Brianna Battles Services infringes your copyright, you should contact an attorney. A Notification must include the following:

(a) Identification of the copyright claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of works.

(b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material (preferably a link to the material).

(c) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

(d) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law.

(e) The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(f) A statement that the information in the Notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please direct Notifications via email to: support@briannabattles.com

Upon receipt of a substantially compliant 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 repeat infringers.

13. Miscellaneous

13.1 Governing Law. You agree that the laws of the state of Idaho, without regard to principles of conflict of laws, will exclusively govern these Terms and Conditions and any Dispute between you and Brianna Battles. As the Brianna Battles Services are controlled by Brianna Battles from Idaho, Idaho law will apply regardless of your residence or the location where you use Brianna Battles Services.

13.2 Submissions and Unsolicited Ideas Policies. Brianna Battles 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 Brianna Battles business model. Please note only those programs, products and ideas which promise to uphold, if not improve, on 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 Brianna Battles, 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.

13.3 International Users.

(a) General. The Brianna Battles Services are controlled, operated, and administered by Company from its offices within the United States of America. Company makes no representation or warranty that the materials contained within the Brianna Battles 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 are illegal is prohibited. You may not use the Brianna Battles Services or export the content or products in violation of U.S. export laws and regulations. If you access the Brianna Battles Services from a location outside of the United States, you are responsible for compliance with all applicable local laws.

(b) European Economic Area, United Kingdom, and Switzerland. If you are located in the European Economic Area ("EEA"), United Kingdom ("UK"), or Switzerland, the following additional terms apply:

(i) Right of Withdrawal for Digital Products. For digital products or services purchased online, you have the right to withdraw from your purchase within fourteen (14) days of the date of purchase without giving any reason, provided you have not accessed, downloaded, or streamed the digital content. By accessing, downloading, or beginning to stream digital content, you expressly consent to the immediate performance of the contract and acknowledge that you lose your right of withdrawal once the digital content has been fully downloaded or streaming has started.

(ii) Statutory Consumer Rights. Nothing in these Terms excludes or limits any statutory rights you may have under applicable consumer protection laws that cannot be lawfully excluded or limited. Where such mandatory protections apply, Company's liability and your remedies will be determined in accordance with applicable law.

(iii) Data Protection. Your personal data will be processed in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (EU) 2016/679 ("GDPR") and the UK GDPR. You have the right to access, rectify, erase, restrict processing of, and port your personal data, as well as the right to object to certain processing and to lodge a complaint with a supervisory authority. For data protection inquiries, contact support@briannabattles.com.

(iv) Governing Law for Consumers. If you are a consumer residing in the EEA or UK, you will benefit from any mandatory provisions of the law of your country of residence. Any dispute shall be subject to the non-exclusive jurisdiction of the courts of your country of residence.

(c) Australia. If you are located in Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, and undertakings implied by the Australian Consumer Law or any rights you may have under the Competition and Consumer Act 2010 (Cth).

(d) Export Compliance. You represent that you are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export and re-export control laws and regulations.

13.4 Notices. All notices required or permitted to be given under these Terms must be in writing. Brianna Battles 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 BRIANNA BATTLES IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY BRIANNA BATTLES OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Brianna Battles by means of email to support@briannabattles.com. Such notice to Brianna Battles shall be effective upon receipt of notice by Brianna Battles.

13.5 Severability. If any provision of these Terms (except for Section 10), 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.

13.6 Termination. Notwithstanding anything to the contrary in these Terms, Brianna Battles reserves the right, without notice and in its sole and absolute discretion, for any reason or no reason, to terminate your access and use of any Brianna Battles Services, including to block or prevent your access and use of any of our websites. You agree that Brianna Battles shall not be liable for any termination of your access and/or use of our websites.

13.7 No Third Party Beneficiaries. Except as set forth in these Terms, only you and Brianna Battles may enforce these Terms; no third party shall be entitled to enforce these Terms.

13.8 Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.

13.9 Waiver. 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 CEO and or the legal counsel of Brianna Battles in order to be effective.

13.10 Assignment. Brianna Battles may assign these Terms to any person or entity at any time, for any reason, with or without notice to you.

13.11 Force Majeure. Company shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics or pandemics, strikes, power outages, internet or telecommunications failures, or failures of third-party service providers.

13.12 Electronic Communications. By using the Brianna Battles Services or purchasing through the Brianna Battles Services, you consent to receive communications from us electronically (for example, by email or through the site), and you agree that electronic communications satisfy any legal requirement that such communications be in writing. For SMS/text messages, you will only receive such messages if you have separately opted in, and you may opt out at any time by replying STOP.

13.13 Amendments; Entire Agreement. These Terms may not be amended unless in a signed writing by an executive (Vice President or above in title) of Brianna Battles. These Terms constitute the final, exclusive and complete agreement between you and Brianna Battles regarding the subject matter hereof and supersede all agreements, communications and course of dealings between you and Brianna Battles.

13.14 Language. It is the express intent of the parties that these Terms and all related documents have been written in English.

14. Accessibility Statement

Everyday Battles, LLC, dba Brianna Battles ("we," "us," or "our") is committed to making our website and digital services accessible to individuals with disabilities, in line with our values and applicable laws.

Our Accessibility Goal. We strive to meet the Web Content Accessibility Guidelines (WCAG 2.2 Level AA) success criteria for the portions of our website and services that we directly control. WCAG 2.2 is the current international standard most often referenced for digital accessibility.

We recognize that:
Accessibility is an ongoing process, not a one-time achievement.
Full conformance at all times may not always be feasible due to evolving technology and standards.
No single technical standard is formally required for all private websites under current U.S. law.

While we make good-faith efforts to improve accessibility, we do not guarantee that every aspect of our site will be fully accessible in all situations, browsers, or with all assistive technologies.

Scope. This statement applies to our primary website pages at www.briannabattles.com and content we create and maintain directly. This statement does not apply to third-party tools, platforms, or integrations (e.g., payment processors, course hosting platforms, video hosting, community platforms); user-generated content; or third-party sites linked from our website.

Known Limitations. Some content or features may not fully meet WCAG guidelines, especially older downloadable files, product images lacking detailed alternative text, embedded videos from third parties that may lack captions, and checkout or interactive features reliant on third-party services. We are working to improve accessibility in new content and high-traffic areas within reasonable technical and business constraints.

Alternative Access. If you encounter difficulty accessing any content, completing a purchase, or using our services due to a disability, please contact us. We are happy to provide alternative access, such as alternative formats or assistance with transactions.

Contact Us. Please reach out with details if you encounter any accessibility issues:
Email: support@briannabattles.com

We aim to respond to accessibility-related inquiries within five (5) to seven (7) business days.

CONTACT US

Please feel free to send us comments, concerns, or questions at:
Email: support@briannabattles.com

Legal notices to Company must be sent to: support@briannabattles.com