Terms & Conditions, Disclaimers & Copyright

AS AN EXPRESS CONDITION TO USING THIS WEBSITE, YOU MUST AGREE TO THE FOLLOWING TERMS. IF YOU DISAGREE WITH ANY OF THESE TERMS, DO NOT USE THIS WEBSITE. YOUR USE OF THIS WEBSITE, AND ANY PARTICIPATION IN ACTIVITIES MENTIONED ON THIS WEBSITE, INCLUDING THE FROM STRESSED TO BEST: BETTER AFTER 40 PROGRAM (FSTB), FROM STRESSED TO BEST BOOTCAMP, OTHER PROGRAM AND SUPPLEMENT PURCHASES MEAN THAT YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS.

The content of the ExecLevel Wellness Website identified as www.execlevelwellness.com (hereinafter referred to as “Website”), including text, graphics and images, is for educational and informational purposes only. The materials provided on the Website are provided “as is” and  “as available,” without warranties of any kind, express or implied.

EXECLEVEL WELLNESS LLC’S PRODUCTS / SERVICES: ORDERS

A. Our Guarantee.

Most of our products and services carry a specific money back guarantee, return or exchange policy starting from the date that the product or service is delivered or supplied to you. Please review the information provided with your product/service for specific details.

To exercise your money back guarantee and/or return or exchange a product or service, please email our Customer Service at [email protected] for a Return Authorization Number and return the same within the required time period specific to your product or service. Products that come with a money back guarantee will receive a refund of the purchase price, less applicable shipping and handling, unless stated otherwise. In some cases, you may also be responsible for paying to ship any products back to us. We will not be responsible for any loss or damage to returned products that occur in transit. If returned products are lost or damaged in transit, we reserve the right to charge you for, or not refund any amounts attributable to, any such lost or damaged products. Should you experience any difficulty or delay in returning a product and securing the proper refund, please email Customer Service at the address above.

B. Product and Service Descriptions, Price and Other Information.

We have taken reasonable precautions to ensure that all product descriptions, prices and other information shown on our websites are correct and fairly described. However, when ordering products or services through our websites, please note that:

ExecLevel Wellness, LLC 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;
ExecLevel Wellness, LLC 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;
all prices are displayed in United States Dollars unless expressly indicated otherwise;
packaging and contents may vary from that shown on our websites;
any weights, dimensions, and capacities shown on our websites are approximate only;
and
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. We will provide you with prior notice of any changes, by posting a notice on our websites, sending an email to you at the address you provided at the time of purchase, or by including a notice in any products you receive on an automatic recurring or subscription basis. ExecLevel Wellness, LLC will not incur any obligation as a result of such change. As a valued customer, you are always free to cancel future orders at any time by emailing our Customer Service at [email protected]s.com. 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.

C. Order Processing.

We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will of course refund your payment.

All purchases are subject to applicable shipping and handling, and sales and/or other taxes, which will be applied to your order total. For non-shippable goods, sales and/or other taxes will be calculated based on the billing address provided. For shippable goods, sales and/or other taxes will be calculated based on the shipping address provided. For orders that consist of both shippable and non-shippable goods, sales and/or other taxes will be calculated based on the shipping address provided.

D. Your Personal and Payment Information.

When you provide any information to us for any reason, such as to sign up for an offer, use our mobile applications, or purchase our ExecLevel Wellness, LLC 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 [email protected] To help keep your account current and prevent service interruption, you acknowledge ExecLevel Wellness, LLC 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.

E. Shipping.

We will take commercially reasonable efforts to ship your products within the timeframe we provided to you at the time of purchase. Certain products shipped within the continental United States will in most cases be delivered within 3-6 business days if your product is eligible for express shipping. Packages shipped outside the United States or to Alaska, Hawaii or U.S. territories may take longer and up to 7-21 days. Please see the tracking information provided with your order confirmation for approximate delivery timeframes.

Please note that any timeframes we provide are good faith estimates and may be subject to change. We will take commercially reasonable steps to inform you in writing of any shipping delays that extend beyond the timeframe we provided at the time of purchase. Product availability may be limited in some cases and not available for immediate shipment. In that case, products may be delivered in separate shipments depending on availability. For example, if your purchase included two or more items, we may ship those products which are in stock, and later ship the other products to you when they become available. You are always welcome to email Customer Service at [email protected] if you wish to cancel or modify your order due to a delay in shipping. We will not be liable beyond refunding your purchase price if there is a delay in delivering your product(s). We are not responsible for shipping delays due to factors outside of our reasonable control, such as bad weather, natural disasters, strikes, protests, government disruptions, etc.

Since we are not authorized to sell our products in all jurisdictions, we may reject certain purchases based on the shipping address provided. Please note we reserve the right to set appropriate shipping terms for shipments to certain foreign jurisdictions that are fulfilled from U.S. warehouse locations.

F. IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCTS.

We offer certain products and services on an automatic or subscription basis, so you can enjoy all the benefits of our products or services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annual basis, etc.). By choosing the automatic subscription option, you acknowledge and agree your subscription will automatically renew, and unless and until you cancel, you authorize us to charge your payment card for the products/services you continue to purchase, plus applicable shipping and handling, and taxes. If you purchased a subscription with a free trial period, you authorize us to charge your payment card when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. Physical products will be delivered to the address you provided during your initial purchase. Your automatic subscription will continue until you or ExecLevel Wellness, LLC cancels your order. If there are any changes to your subscription terms, such as pricing, frequency, date of charge or any other items, we will take commercially reasonable efforts to inform you in writing of such change. You may modify or cancel your subscription at any time by emailing our Customer Service at [email protected] Any modifications or cancellation of your subscription must be received by us at least three (3) days prior to the next scheduled payment/ship date in order to take effect for that period. If you cancel less than three (3) days prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period.

G. International Orders.

We do not directly sell certain products in any jurisdiction other than the United States as these products may not be approved for sale in other jurisdictions. While ExecLevel Wellness, LLC may choose to accept orders for the purchase of its products from non-residents of the United States, the acceptance of such orders and the sale of such products will only be based on the following conditions precedent:

you agree that the purchase of any ExecLevel Wellness, LLC products by you, as a non-resident of the United States, shall be (a) ex works ExecLevel Wellness, LLC’s facilities in the U.S. per Incoterms 2010, with all title risk and loss in the products passing to you in the U.S. and (b) for your own personal use only and not for further resale or distribution in any manner;
you agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period;
you hereby expressly authorize and direct ExecLevel Wellness, LLC to load and ship the purchased products to you to your designated ship to destination, and to contract on your behalf with a common carrier or courier company for that purpose;
you are the principal importer of record, responsible for ensuring any products can be lawfully imported into your country, and will undertake responsibility for any and all applicable taxes, shipping, customs clearance, duties and import requirements from ExecLevel Wellness, LLC’s facilities in the U.S. to your foreign ship to destination; and
the United Nations Convention on the International Sale of Goods shall not apply to any purchase or sale, and ExecLevel Wellness, LLC expressly opts out of such application.

H. Important Notice About Our Products, Services, Fitness and Nutrition Content.

ExecLevel Wellness, LLC Products & Services Do Not Constitute Medical Advice or Other Professional Healthcare Advice. Although ExecLevel Wellness, LLC provides its products and services with your health and safety in mind, each individual has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by ExecLevel Wellness, LLC, and obtain appropriate authorization before accessing or using any ExecLevel Wellness, LLC Services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. ALL EXECLEVEL WELLNESS SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINIONS, DIAGNOSIS, TREATMENT OR GUARANTEE. The information made available on or through the ExecLevel Wellness, LLC Services should not be relied upon when making medical or other important healthcare decisions. EXECLEVEL WELLNESS, LLC DOES NOT PROVIDE CLINICAL SERVICES. ANY INDIVIDUALS CERTIFIED BY EXECLEVEL WELLNESS, LLC IN ANY EXECLEVEL WELLNESS, LLC PRODUCTS OR SERVICES ARE NOT FUNCTIONING IN ANY CLINICAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. YOUR USE OF ANY EXECLEVEL WELLNESS, LLC SERVICES DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND EXECLEVEL WELLNESS OR YOU AND ANY PERSON CERTIFIED THROUGH EXECLEVEL WELLNESS, LLC.

Any individual results using ExecLevel Wellness, LLC Products & 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 ExecLevel Wellness LLC product, nutrition program and/or supplements, or extended the program to achieve their successful results.

*These statements have not been evaluated by the Food and Drug Administration.
This product is not intended to diagnose, treat, cure, or prevent any disease.

† Results may vary. Please consult your physician before beginning any supplement, particularly if you have any unique or special needs or conditions, such as food allergies, dietary restrictions, or if you are pregnant or breastfeeding. The content on this site is for informational purposes only, and is not intended to provide any medical advice, diagnosis, or treatment

BEACHBODY® AFFILIATION AND DISCLAIMER:

Randy & Amy Nelson are Independent Team Beachbody Coaches. All Beachbody® products and all information relating to Beachbody® products including all product and service descriptions, marketing information and links to their products and websites have been created by and are owned by Beachbody, LLC. Beachbody, LLC has no affiliation directly or indirectly with any non-Beachbody products or services listed on this site.

MEDICAL ADVICE DISCLAIMER:

The content of this Website or the FSTB Academy is not intended to be a substitute for professional medical advice, diagnosis, or treatment. ExecLevel Wellness is not a medical professional, and your participation in any activity suggested on this Website should always be cleared by a medical professional. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

Any involvement in personal fitness training, exercise testing and physical exercise, including the activities suggested by ExecLevel Wellness on the Website or the FSTB Academy, can be strenuous and carry a significant risk of damage to property, personal injury, illness, or death. These risks increase for those people in poor health or with known or unknown pre-existing mental or physical conditions. If you choose to participate in these risks, you participate of your own free will and at your own risk. You voluntary assume all risks associated with such activities. Always obtain a physical examination from a doctor before starting any physical exercise activity and assume all risk if you fail to do so.  In consultation with your doctor, you acknowledge and agree that any recommendations for changes in nutrition, including the use of supplements, or a weight loss program are entirely your responsibility.

Do not disregard professional medical advice or delay in seeking it because of something you have read on this Website, FSTB Academy, related Facebook groups, e-mails, Coaching Calls or other communications. Reliance on any information provided by ExecLevel Wellness is solely at your own risk.

You acknowledge and agree that you are voluntarily participating in a program of physical exercise under the direction of ExecLevel Wellness. In consideration of ExecLevel Wellness’s agreement to provide this program, you hereby here and forever release, discharge, hold harmless and free from any and all liability Randall & Amy Nelson, ExecLevel Wellness LLC, its owners, agents, employees, contractors, successors, heirs and assigns from any and all claims, demands, damages, rights of action, present or future, out of or connected with any participation in this program including, without limitation, personal or real property damage, injury, illness, or death, as well as all attorney fees and costs incurred by you or caused by third parties to you, arising out of the fitness plan and programs discussed on this website.

RESULTS DISCLAIMER:

Achieving optimal health and fitness is not an exact science and the combination of exercise and input to achieve desired results may vary from individual to individual. Following lifestyle, fitness, nutrition and general health tips or programs contained on this Website or the FSTB Academy does not guarantee that you will achieve desired results or that you will look like images that might be posted on the ExecLevel Wellness Website.

Testimonials, case studies and examples found on the ExecLevel Wellness Website are unverified results that have simply been forward to ExecLevel Wellness from users of this website. These results may not reflect the results of the typical user, may not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results.

If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties. If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate results history.

ENDORSEMENT DISCLAIMER:

Reference to any specific healthcare or fitness professionals, products, procedures, process, opinions, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply endorsement, or recommendation by ExecLevel Wellness or its owners. The views and opinions of guest bloggers, guest video or audio blog host, interviewees, or other guest or contributors expressed on this Website does not necessarily state or reflect those of ExecLevel Wellness or its owners, and shall not be used for advertising or product endorsement purposes.

INACCURATE and INAPPROPRIATE INFORMATION DISCLAIMER:

All data provided in this website and the FSTB Academy is to be used for information purposes only.

Products and services described are only offered in jurisdictions where they may be legally offered. Information provided is not all-inclusive, and is limited to information that is made available and such information should not be relied upon as all-inclusive or accurate.

Every effort has been made to offer the most current and accurate information as possible, nevertheless, informational and typographical errors may occur. The information and data included in The ExecLevel Wellness Web-site is sometimes compiled from a variety of sources. We make no warranties or representations about the quality, content, completeness, or adequacy of such information and data.

ExecLevel Wellness does not guarantee the accuracy of, or assume any liability for, the content of articles, product descriptions, or the like, or any other materials on or accessed through the Website, or any other information obtained by you through the Service including the FSTB Academy.  ExecLevel Wellness does not guarantee or warrant any specific test, product, or procedure presented or described on or accessed through the Website or otherwise obtained by User through the Service. In addition, the nature of blogging and other forms of social media often times necessitates the posting of information without delay; most likely, the content will not have the benefit of professional proofreading. Typos may therefore be present from time to time. If misleading, inaccurate or otherwise inappropriate information is brought to our attention, a reasonable effort will be made to fix or remove it. Please contact us with any concerns by clicking on the “CONTACT” tab on the Website.

THIRD PARTY WEBSITE:

The ExecLevel Wellness Website links to external websites and blogs in order to provide readers with additional references and/or to give credit to other authors’ works that may be quoted, referred to or that may have inspired content on The ExecLevel Wellness Website. We are not responsible for the content included on those sites, including any links contained within those sites, or any changes or updates to those sites.

ExecLevel Wellness does not endorse any content, items, services or content of any such third party sites.  Access such third party sites, including the content, items, or services, solely at your own risk.  ExecLevel Wellness makes no representations or warranties with respect to the content, personal information collection practices, ownership or legality of any such third party sites.  You agree that ExecLevel Wellness bears no responsibility or liability for the availability of such third party sites or for the content, advertising, products or other materials available through the third party sites.  You agree that, to the maximum extent permitted by law, ExecLevel Wellness shall not be liable to you for any loss or damage suffered by you as a result of linking to any third party site.

RELIABILITY DISCLAIMER:

ExecLevel Wellness makes no representations or warranties regarding the condition, functionality or its suitability for use of this Website or websites that are linked to this Website or the FSTB Academy. Nor does it make any representations that this web service will be uninterrupted or error-free.

DAMAGES DISCLAIMER:

You assume all risks associated with the use of this site and the FSTB Academy, including any risk to your computer, software or data being damaged by any virus, software, or any other file that might be transmitted. ExecLevel Wellness shall not be liable for any damages of any kind (general, special, incidental or consequential damages, including, lost revenues or lost profits) resulting from the use or misuse of the information contained in The Exec Level Wellness Website.

LIABILITY WAIVER:

You agree to hold Randall & Amy Nelson, ExecLevel Wellness LLC, its owners, agents, and employees at no fault from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of the fitness and nutrition advice discussed on this Website or the FSTB Academy.

ARBITRATION CLAUSE:

You agree that any and all claims for gross negligence or intentional tort shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All arbitration must occur in MARICOPA COUNTY, ARIZONA and ARIZONA law shall govern. Arbitration fees and costs shall be split equally, and you are solely responsible for your own lawyer fees.

COPYRIGHT:

© ExecLevel Wellness 2017 and beyond. All rights are reserved for the content of ExecLevel Wellness. Unauthorized use and/or duplication of this material without express and written permission from this Website’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to ExecLevel Wellness with appropriate and specific direction to the original content.