Terms of Service

 

 

Terms of Use (“Terms”)

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.petitepwr.com website and mobile application (the “Service”) operated by Smalletics LLC DBA Petite PWR. ( “Petite PWR”, “us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

NO INFORMATION ON THIS WEBSITE MAY BE USED AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE OR TREATMENT. YOU MUST NOT RELY ON THE INFORMATION ON THIS WEBSITE OR OFFERED AS PART OF A TRAINING PROGRAM AS AN ALTERNATIVE TO MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER PROFESSIONAL HEALTHCARE PROVIDER. YOU ARE USING PETITE SERVICE AT YOUR OWN RISK.

YOU AFFIRM THAT NO DOCTOR HAS DIAGNOSED YOU WITH ANY CONDITIONS THAT MAY PUT YOUR HEALTH AT RISK IF YOU ENGAGE IN THE TRAINING PROGRAM. IF YOU FEEL ANY DISCOMFORT OR HAVE ANY CONDITIONS THAT MAY PUT YOU AT RISK, YOU AGREE TO SEEK MEDICAL ADVICE PRIOR TO ENGAGING WITH PETITE PWRS’ TRAINING PROGRAMS. YOU ARE SOLELY RESPONSIBLE FOR EXITING THE PROGRAM IF ENGAGING IN THE PROGRAM CONFLICTS WITH MEDICAL ADVICE PROVIDED TO YOU OR RESULTS IN YOUR DISCOMFORT.

IN THE EVENT OF A MEDICAL OR HEALTH EMERGENCY, PLEASE CALL 911 OR APPROPRIATE EMERGENCY RESPONDERS IMMEDIATELY.

 

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. No credit card information is held by Petite PWR. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for any reason.

In the event Petite PWR must take legal action to compel payment of unpaid fees, you will be responsible for the full cost of this legal action.

Petite PWR Subscription

Petite PWR offers a subscription that includes access to our web application, which can be viewed on mobile or desktop computers.

 

Petite PWR Subscription

Billed at $49 per month and auto-renewed monthly. The subscription fee is billed regardless of whether or not you use or access the application. If payment is unable to be processed, your subscription and access to the mobile application may be suspended until payment is received in full.

Prices for subscriptions may be modified from time to time in Petite PWR’s sole discretion. Any changes to prices will be applied to subsequent billing cycles and Petite PWR will provide you with notice of the price change as soon as reasonably possible.

If you wish to cancel a subscription, you may do so at any time in the application. You must cancel a subscription at least twenty-four (24) hours in advance of the auto-renew date to ensure you are not charged for a subsequent month. After cancellation, you will continue to have access to the application for the remainder of that billing cycle. All subscription charges are non-refundable.

Petite PWRhouse Community Guidelines

If you are enrolled in the Petite PWRhouse, Petite PWR Premium, or any other program, you agree to following the rules set forth for interpersonal conduct with any Petite PWR staff or any other Petite PWR members. In any communications via direct messages, posts, comments or emails your language must be considerate, courteous and kind.

The Petite PWR platform and programs are meant to provide support, provide motivation, and answer questions. As a condition of your enrollment, you agree not to harass, bully, or otherwise make the staff or other members uncomfortable. If you have violated any of these terms you will be considered in violation of our community guidelines and the Petite PWR staff, in their sole discretion, may refuse to respond to messages, delete your messages, or discontinue your use of our platform at any time, for any reason, either permanently or temporarily. 

UNDER NO CIRCUMSTANCES IS THE INFORMATION PROVIDED IN THE PETITE PWR PLATFORM INTENDED TO BE OR SHOULD BE USED AS AN EMERGENCY HOTLINE. IF YOU ARE EXPERIENCING AN EMERGENCY, REACH OUT TO 911, THE EATING DISORDER HOTLINE, OR THE SUICIDE HOTLINE FOR HELP IMMEDIATELY.

 

Petite PWR Premium Accountability Coaching

If you are enrolled in the Petite PWR Premium program, you will have access to twelve (12) weeks of accountability coaching via Direct Message with an assigned coach. If you send messages during or prior to your coaches’ designated working hours, you are guaranteed a 24 hour response.

Accountability coaching is meant to provide support, provide motivation, and answer questions. Coaches, in their sole discretion, may refuse to respond to messages if they believe they are unrelated to these goals or otherwise inappropriate. As a condition of your enrollment in accountability coaching, you agree to not harass, bully, or otherwise make your coach uncomfortable. Petite PWR may discontinue your use of accountability coaching at any time, for any reason, and in our sole discretion, either permanently or temporarily. 

UNDER NO CIRCUMSTANCES IS THE ACCOUNTABILITY COACHING INTENDED TO BE OR SHOULD BE USED AS AN EMERGENCY HOTLINE. IF YOU ARE EXPERIENCING AN EMERGENCY, REACH OUT TO 911, THE EATING DISORDER HOTLINE, OR THE SUICIDE HOTLINE FOR HELP IMMEDIATELY.

 

Petite PWR Premium Refund Policy

The Company provides a 30-day money-back guarantee for the Group Coaching Program (“Program”). We want you to be satisfied with your purchase, but we also want you to give your best effort to attend the coaching calls and apply all of the workouts and nutrition principles in the program. That money-back guarantee is governed by the following terms.

In order to qualify for the refund, you are required to meet all of the following terms, within 30 days of enrollment.

You must include proof of your workouts and homework with your request for a refund. If you request a refund and do not include your homework and proof that you did the workouts and followed the nutrition guidelines by this deadline, you will not be granted a refund. Providing proof entails submitting the first check-in via Hubspot and providing screenshots of the completed homework.

You must have posted all 4 homework assignments on the discussion board. These homework assignments must have been published on the date that they were due.

You must have submitted your “before” check in prior to starting the program.

You must have attended Orientation as well as the first live coaching call.

You must have demonstrated your lack of satisfaction to April or another coach in the program via email, voicing your specific concerns, prior to requesting a refund within the first 30 days.

You must have proof that you completed the first two weeks of workouts.

You must keep and submit at least fifteen days of the 30-day food journal.

To request a refund contact our support team at support@petitepwr.com and let us know you’d like a refund by the 30th day at 11:59pm EST. All refund requests that do not fully comply with the terms listed above will be granted or denied fully in Petite PWR’s discretion.

We will NOT provide refunds more than 30 days following the date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.

Please note: If you opted for a payment plan and you do not properly request a refund within 30 days, you must complete the remaining payments of your payment plan.

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 this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. 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.

There is a cancellation fee of $49 plus the cost of the program $297 if you choose to opt out of the program within the first 30 days prior to participation. There will be an additional fee for any coaching received (Nutrition Check-Ins, Accountability Coaching and Coaching Calls) without submitting the above required supporting documentation.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: support@petitepwr.com

 

Medical Disclaimer

This website may contain general information about health, medical conditions and treatments. The information is not medical advice and is designed for informational and entertainment purposes only, and should not be treated as such. You should consult your physician before beginning a new fitness program.

If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition you should seek immediate medical attention.

You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

 

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

 

Intellectual Property

The Service, brand name, logos, original content, features and functionality are and will remain the exclusive property of Petite PWR. and its licensors. The Service and any materials made available through the service are for personal use only and may not be used commercially without a partnership agreement with Petite PWR.

ANY MATERIALS AVAILABLE FOR DOWNLOAD AS PART OF THE SERVICE ARE PETITE PWR’S INTELLECTUAL PROPERTY. YOU AGREE NOT TO REPLICATE, REPRODUCE, PUBLISH, DISTRIBUTE, CREATE DERIVATIVE WORKS FROM OR OTHERWISE INFRINGE ON THE LIMITED LICENSE GRANTED TO YOU. DOING SO WILL RESULT IN YOUR IMMEDIATE TERMINATION FROM ANY PROGRAMS AND THE SERVICE AND MAY RESULT IN LEGAL ACTION.

 

Links To Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by Petite PWR.

Petite PWR has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Petite PWR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Indemnification

You agree to defend, indemnify and hold harmless Petite PWR and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PETITE PWR, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
BY USING THE SERVICE YOU UNDERSTAND AND AGREE THAT YOU ARE VOLUNTARILY PARTICIPATING IN A TRAINING PROGRAM AND ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PHYSICAL HARM, OR DEATH.

IN ADDITION, PETITE PWR, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR INJURY OR OTHER HARM CAUSED BY YOUR ENGAGEMENT WITH THE SERVICES OR PETITE PWR’S PROGRAMS. YOU ARE SOLELY RESPONSIBLE FOR CEASING ANY ACTIVITIES RELATED TO THE SERVICES THAT RESULT IN DISCOMFORT OR HARM.

DISCLAIMER

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE.
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE AND RELATED INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

PETITE PWR, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of New YorkTexas, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

Arbitration

At our sole discretion, we may require You to submit any disputes arising from these Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The last updated date is included at the top of the Terms and it is your sole responsibility to check these Terms from time to time for updates.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Waiver and Severability

No waiver by Petite PWR of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Petite PWR to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Petite PWR LLC regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

 

Contact Us

If you have any questions about these Terms, please contact us at support@petitepwr.com