Thank you for shopping with us. AMIRA ELFAHD, INC. (“AMIRA ELFAHD,” “we,” “our” or “us”) is fully committed to protecting your privacy. We’d like to take a minute to explain the information that we collect from and about you, how we do it, how and why we use that information, and how your information may be shared with third-parties.
First, it is important to understand that this Privacy Policy governs and applies to your use of, and any content, products, or services made available from or through, the website AMIRA ELFAHD.IN, including any subdomains thereof (“Website”). The Website is owned and operated by us.
Second, please be sure to read this entire Privacy Policy before using or submitting information to or over the Website. By accessing the Website on any computer, mobile phone, tablet, or other device, you agree to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use this Website.
Third, this Privacy Policy is only applicable to the Website and not to any other websites that you may be able to access from the Website, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. When you leave the Website via a link to another website, you are subject to that site’s privacy policy, terms of use, and other policies (“Third Party website policies”) applicable to that site and you should review the Third Party website policies.
Fourth, we may modify this Privacy Policy at any time. If we decide to change this Privacy Policy, we will post those changes to the Website. Please check back frequently for updates as it is your sole responsibility to be aware of changes. Your continued use of the Website affirms your agreements to such changes.
Finally, this Website is intended for users who are located in the United States of America. Any users of the Website not located in the United States of America understand and agree to submit to the applicable laws and jurisdiction(s) of the United States of America which govern the use of this Website and the owner’s collection and use of your personal information.
We may collect two different types of information, Personally Identifiable Information (“PII”) and Non-Personally Identifiable Information (“Non-PII”). PII is information that identifies you as an individual – for example, your name, address, telephone number, e-mail address, credit or other payment card information, billing address, and shipping information. Non-PII is aggregated information, demographic information, IP addresses, user behavior data from web interaction metrics tools and other information that does not reveal your specific identity. PII and Non-PII may be collected anytime you access or use a AMIRA ELFAHD website. PII and Non-PII may also be collected by AMIRA ELFAHD during in-person discussions, telephone conversations, and electronic or other written communications. We also collect information via cookies, as explained below in Section 4.
We collect information from you when you register on our Website, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another Website feature.
When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit or other payment card information, or other information. You may, however, visit our Website anonymously.
We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.
Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our websites. Please refer to Section 4 below for information about cookies and how we use them.
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the Website, or use certain other Website features in the following ways:
1. To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested;
2. To allow us to better serve you in responding to your customer service requests;
3. To quickly process and fulfill your transactions;
4. To administer a contest, promotion, survey, or other site feature; and
5. If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer wish to receive promotional e-mail from us, please refer to the “How Can You Opt-Out, Remove or Modify Information You Have Provided To Us?” in Section 8 below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other Website features such as marketing programs and “members-only” content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
We implement a variety of security measures to maintain the safety of your PII. Your PII is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit/payment card information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.
Section 5 – Do We Disclose the Information We Collect to Third-Parties?
Yes. In certain circumstances, we may disclose your PII to third-parties who assist in processing and shipping your order. Specifically, we may share this information with certain suppliers, freight and shipping companies, and manufacturers for the sole purpose of processing and shipping your order. We may also disclose your PII to payment processors and PayPal for the purpose of processing your order.
We may also disclose your PII to third-parties as follows:
(a) If we believe it is necessary because we believe there has been a violation of the WWW.AMIRA ELFAHD.INTerms of Use and Terms & Conditions of Sale or of our rights or the rights of any third party;
(b) To respond and comply with legal process (such as a search warrant, subpoena, or court order) and to provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise required by law; and/or
(c) If we or some or all of our assets are acquired by another company, including through a sale in connection with bankruptcy, that company will possess the information collected by us and provided by you, and it will assume the rights and obligations regarding your information as described in this Privacy Policy.
We may also disclose your PII with your express consent.
Except as described above, we do not sell, trade, or otherwise transfer to third-parties your PII unless we provide you with advance notice and obtain your consent. The term “outside parties” does not include WWW.AMIRA ELFAHD.IN. It also does not include website hosting partners and other parties who assist us in operating our Website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
Non-PII may be provided to other parties for marketing, advertising, or other uses.
If you acquire an AMIRA ELFAHD subscription, you will be required to create an account with AMIRA ELFAHD. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your AMIRA ELFAHD account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your account, to any third-party. You are fully responsible for all transactions with, and information conveyed to, AMIRA ELFAHD under your account. You agree to immediately notify AMIRA ELFAHD of any unauthorized use of your password or user name or any other breach of security related to your account. You agree that AMIRA ELFAHD is not liable, and you will hold AMIRA ELFAHD harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.
To change your email subscription to our updates and newsletters, simply click the “unsubscribe” link at the bottom of our emails. This will allow you to unsubscribe and / or change your notification settings. Please allow up to ten (10) business days for any removal request to be processed. Please note that if you decide not to receive marketing e-mails from us, you may still receive transactional messages regarding your order(s) (i.e., order confirmation, shipping information, customer care notifications, etc.) and your account.
To delete all of your online account information from our database, please email CONTACT@AMIRAELFAHD.COM and ask to have your membership and /or payment information cancelled / removed. Please note that we may still maintain information about an individual sales transaction in order to service that transaction and for record keeping. The foregoing notwithstanding, the rights granted to us in Submissions as provided in Section 7 above shall continue and be irrevocable.
We may partner with third-party service providers to serve ads on our behalf on non-affiliated third party sites. These third party websites and advertisers, or Internet advertising companies working on their own behalf, sometimes use technology to send, directly to your browser, advertisements that appear on our Website. They may also use cookies, web beacons and other technologies to collect anonymous information in order to measure the effectiveness of their ads and to personalize advertising content. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information we or the online advertising network serving the ad collect about your online activities here and elsewhere over time. For example, anonymous information collected across multiple sites that you visit over time may enable the ad network to predict your preferences and show you ads that are most likely to be of interest to you.
To opt out of these types of ads, please visit the Network Advertising Initiative (NAI) for information about how to opt-out of internet-based advertising by their members. See http://www.networkadvertising.org for general information about the NAI and http://www.networkadvertising.org/managing/opt_out.asp for the opt-out page. You may also visit https://www.aboutads.info/consumers/ to learn about internet-based advertising and how to opt-out from online behavioral ads served by some or all participating companies.
AMIRA ELFAHD also may use tools such as Google AdWords and Google Display remarketing services to advertise on third party websites (including Google) to previous visitors to our Website. This could mean that we advertise to previous visitors who haven’t completed a task on our Website, for example by using the contact form to make an inquiry. This remarketing could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve advertisements based on someone’s past visits to the Website. Of course, any data collected will be used in accordance with this Privacy Policy and Google’s privacy policy.
You can set preferences for how Google advertises to you, including by opting out of internet-based advertising over Google through the use of cookies, by visiting the Google Ad Personalization page (https://adssettings.google.com).
In an attempt to provide you with increased value, we may include third party links on our site. As noted above, these linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we welcome any feedback about these linked sites (including if a specific link does not work).
Except where expressly stated by AMIRA ELFAHD, AMIRA ELFAHD is not affiliated or associated with operators of any third-party websites that link to or are linked from any AMIRA ELFAHD-maintained website. AMIRA ELFAHDdisclaims any responsibility for the accuracy or content of information found on third party websites that link to or are linked from any AMIRA ELFAHD website. AMIRA ELFAHD disclaims any responsibility for the security of any information (including without limitation credit or other payment card and PII that you may provide to any third party). AMIRA ELFAHD reserves the right, at any time and in its sole and absolute discretion, to block links to any AMIRA ELFAHD-maintained website through technological or other means without prior notice.
Policy changes will apply to information collected after the date of the change. Changes and clarifications will take effect immediately upon their posting on the Website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
This online privacy policy applies only to information collected through our website and not to information collected offline.
The information, including but not limited to, text, graphics, video, images and other material, contained on this website is for educational purposes only. The content is not intended in any way as a substitute for professional medical advice, diagnosis or treatment. Regardless of your current state of health, always seek the advice of your physician or other qualified health care provider with any questions you may have regarding your current health condition, a medical condition or treatment, and before undertaking a new health care regimen. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.
Results May Vary: the weight loss results testimonials are in no way a guarantee of results. Individual weight loss results, including amount and time, will vary. Whether genetic or environmental, it should be noted that food intake, rates of metabolism and levels of exercise and physical exertion vary from person to person. This means weight loss results will also vary from person to person. No individual result should be seen as typical. BY USING AMIRA ELFAHD’S WEBSITE OR PRODUCTS OR SERVICES, YOU AGREE THAT THE OWNERS, DISTRIBUTORS PARTICIPANTS, AFFILIATES, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS OF AMIRA ELFAHD(COLLECTIVELY, “AMIRA ELFAHD”) ARE NOT RESPONSIBLE FOR ANY LIABILITY OR LOSS IN CONJUNCTION WITH ANY CONTENT PROVIDED ON THIS WEBSITE. YOU FURTHER AGREE THAT AMIRA ELFAHD SHALL NOT BE LIABLE FOR FOR PRODUCTS OR SERVICES RECOMMENDED ON THE SITE, AND THAT AMIRA ELFAHD SHALL NO BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS/INFORMATION PUBLISHED OR PRODUCTS SOLD ON THIS SITE.
These statements have not been evaluated by the Food and Drug Administration. These products and services are not intended to diagnose, treat, cure or prevent any disease.
The use of any information provided on this site is solely at your own risk.
Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.
If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
Certain health or medical material on this site may be sexually explicit. Please do not use this site if you would find these materials offensive.
The Mission of AMIRA ELFAHD is to help people lose weight and free themselves from the things that hold them back from self-respect and growth. We will do this by providing the best real information, products, and services available.
Satisfaction Guarantee-What it is not:
The satisfaction guarantee is not your scapegoat for not using the program. Harsh? Maybe, but it is our personal belief that when you financially invest in yourself, you are far more likely to utilize the tools available to you. Our tools have been developed to enable you to take control of your lifestyle, mentality and, ultimately, your self-confidence. We have developed a system to educate YOU to create sustainable results – but the first step starts with you.
Membership in the All Access online community is included with all purchases. If, for any reason you are removed from the group for not adhering to the group rules, a refund will not be issued for any products purchased.
We strongly believe in our services and want you to be fully satisfied with your membership with us. This is the reason for the 100% Satisfaction Guarantee.
3 Day Free Experience Trial:
If you have a 3 Day Free Experience Trial membership, and wish to cancel it, you must do so in the first 72 hours from your purchase date. To cancel your trial membership, you can fill out the form HERE. Remember, you must cancel within 72 hours of your trial membership end date.
AMIRA ELFAHD ALL ACCESS:
If you would like to cancel your AMIRA ELFAHD ALL ACCESS, you must do so within 48 hours of your next billing date. To cancel your ALL ACCESS membership.
Additionally, there will be no refunds.
AMIRA ELFAHD Fitness Coaching and services
If you would like to cancel your AMIRA ELFAHD Fitness Coaching services, you must do so within 48 hours of your next billing date.
Additionally, there will be no refunds.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND TERMS & CONDITIONS OF SALE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.AMIRAELFAHD.IN THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 16 and 17). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The use of www.amiraelfahd.in (hereafter “Website”), which is owned and maintained by SHAHAB AL-THAQEBEH, AMIRAELFAHDLLC(“SHAHAB AL-THAQEBEH,” “we,” “our,” “us”), is governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, subscribing, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS OF USE AND TERMS & CONDITIONS OF SALE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY AND RETURN/EXCHANGE POLICY FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU” OR “CUSTOMER”) AND AMIRA ELFAHD AND SHOULD BE READ CAREFULLY. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY AMIRA ELFAHD, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE, AND AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 18 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
AMIRA ELFAHD reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
Table of Contents:
1. Website Use
2. Website User Conduct and Restrictions
3. Our Privacy Policy and Your Personal Information
4. Information You Provide; Registration; and Passwords
5. Order Placement and Acceptance; Method of Payment
6. TRIAL MEMBERSHIP OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
7. MEMBERSHIP TERMS AND AUTOMATIC PAYMENT
8. AMIRA ELFAHD SERVICES, AUTOMATIC PAYMENT, AND CANCELLATION
9. Shipping Fees
10. Products and Prices Available on the Website
11. Trainer’s Obligations and Your Obligations/YOUR INDIVIDUAL RESULTS WILL VARY
12. Independent AMIRA ELFAHD Affiliate Program
13. Testimonials, Reviews, and Pictures/Videos
14. NO MEDICAL DIAGNOSIS OR TREATMENT
15. FOOD ALLERGY DISCLAIMER
16. DISCLAIMERS OF WARRANTIES
17. LIMITATIONS OF LIABILITIES
18. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
19. AMIRA ELFAHD Additional Remedies
20. Indemnification
21. Notice and Takedown Procedures; Copyright Agent
22. Third-Party Links
23. Termination
24. No Waiver
25. Governing Law and Venue
26. Force Majeure
27. Assignment
28. Electronic Signature
29. Changes to the Agreement
30. Your Additional Representations and Warranties
31. Severability
32. Entire Agreement
33. Contacting Us
The Website is intended for adults only. In order to use the Website, you must be 18 years of age or the legal age of majority in your state or province of primary residence, whichever is greater, and also have the legal capacity to enter into a contract with us. The Website is not intended for children and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images, personal stories, AMIRA ELFAHD icons, video and audio clips, personal training sessions, and downloads. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The AMIRA ELFAHD trademark and logo are proprietary marks of AMIRA ELFAHD, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by AMIRA ELFAHD. Notwithstanding the foregoing, you may print off information about your purchases for your personal use only. Commercial use of such information is strictly prohibited.
Subject to your continued strict compliance with all Terms, AMIRA ELFAHD provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that: (1) the Website contains copyrighted material, trademarks, and other proprietary information including text, software, photos, video, graphics, music and sound, and that the entire contents of the Website are copyrighted as a collective work under the United States copyright laws; (2) AMIRA ELFAHD is the exclusive owner of the copyright and all other intellectual property rights in the entire Website; (3) AMIRA ELFAHD owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it; (4) Each third party content provider owns the copyright in content original to it; (5) You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Website or any portion of it; (6) Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Website without the express written permission of AMIRA ELFAHD and, if applicable, the copyright owner; and (7) In the event of any permitted copying, redistribution or publication of material from the Website, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You further acknowledge and agree that you do not acquire any ownership rights by downloading or copying copyrighted material or any other material protected by intellectual property laws. All trademarks appearing on the Website are the exclusive property of their respective owners, including, in some instances, AMIRA ELFAHD , and/or affiliated companies.
You agree not to use or attempt to use the Website in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website and online store is governed by our Privacy Polic. AMIRA ELFAHD reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time. Our privacy policy is incorporated into this Agreement by reference.
As a AMIRA ELFAHD user, you will be required to create an account with AMIRA ELFAHDWeight Loss. You warrant that the information you provide us is truthful and accurate and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your AMIRA ELFAHDuser account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to, AMIRA ELFAHD under your user account. You agree to immediately notify AMIRA ELFAHD of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that AMIRA ELFAHD is not liable, and you will hold AMIRA ELFAHD harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 20 below for additional information.
You agree that any products or services that you purchase from us and/or our Website will be used for your personal, non-commercial use. You agree that you will not re-sell, re-distribute, or export any product that you order from the Website.
If you are enrolling in our membership program or ordering a product, payment must be received by AMIRA ELFAHD before your enrollment or order is accepted, unless you are participating in a trial offer program (see Section 6 below). We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us as soon as possible at CONTACT@AMIRA ELFAHD.COM immediately in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, your payment will be refunded to the card provided at the time of checkout.
Your order is conditioned on you accepting this Agreement. Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product. If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order.
AMIRA ELFAHD does not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Website. If we discover that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and, at our option, pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen cards, AMIRA ELFAHD will report you to federal, state, and/or local enforcement authorities and take any additional legal action deemed appropriate by AMIRA ELFAHD.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Where we offer you a Free Experience Membership of AMIRA ELFAHD(“Free Experience Membership”), such Free Experience Membership will start immediately and will run for the seven (7) days after your application to register with AMIRA ELFAHD has been accepted by AMIRA ELFAHD and continue for the Free Experience Membership offer period as indicated on the Website at the time you submit your application. Free Experience Memberships are only available to new membership subscribers of AMIRA ELFAHD and for the limited periods as set out on the Website. Previous membership subscribers or those subscribers who have already benefited from a Free Experience Membership subscription to AMIRA ELFAHD do not qualify for a further Free Experience Membership.
If you do not want to continue your membership after your Free Experience Membership comes to an end, you must contact us at least 24 hours before your Free Experience Membership period ends by submitting a cancellation request to us via our support email address CONTACT@AMIRAELFAHD.COM. If you do not contact us at least 24 hours before your Free Experience Membership period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrollment online will be charged the full AMIRA ELFAHD monthly membership subscription rate provided at the time of enrollment. AMIRA ELFAHDcan change any paid-for membership subscription price detailed on the Website or in any pre-contract information (including these Terms), at any time. If the membership subscription rate changes after you are enrolled, we will notify you by e-mail.
If you wish to cancel your AMIRA ELFAHD Membership subscription at any time after a Free Experience Membership or discounted period ends, you must give us the following notice by submitting a cancellation request to us via our support email address CONTACT@AMIRAELFAHD.COM to cancel your subscription. For monthly Membership subscriptions, we require at least twenty-four (24) hours’ notice of cancellation. For annual Membership subscriptions, we require at least thirty (30) days’ notice of cancellation.
A member (“Member”) is responsible for paying all sums due to AMIRA ELFAHD in connection with their membership (“Membership”) in accordance with these Terms. The first Membership fee payable in accordance with these Terms is due when the Membership account is setup and payment of the Membership subscription fee is a condition of Membership, or after your Free Experience Membership ends and you have not canceled the automatic enrollment with us. Every calendar month (or calendar year depending on the type of Membership applied for), your Membership account will be charged the subscription fee for the following month’s (or year’s) subscription, together with any other fees for the following month’s (or year’s) subscription (for example, proposed additional personal training costs) plus any accumulated charges for the past period (for example, for additional personal training costs incurred in the previous calendar month) (collectively, “Fees”). Failure by the Member to use any of the services available for a Member through its subscription to AMIRA ELFAHD does not relieve the Member of his/her payment obligations under these Terms.
Potential registrants and/or Members can pay by credit card or debit card. Payment details, together with details of the subscription package applied for, shall be collected by us through our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member’s financial data (as well as subscription package data) to the payment system for processing. You acknowledge that we hold data regarding the subscription package that is being signed up for by the Member, including the last four digits and the expiration date of the card used to purchase the subscription package together with details on when payment of Fees are due. The Member further acknowledges and agrees that by sending a request for a specific subscription package, that payments for Fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is cancelled in accordance with these Terms) and therefore authorizes the automatic payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount). You specifically authorize the payment gateways to collect payment for Fees from the Member’s Credit Card or Debit Card provided to us at the time of enrollment (which we in turn provide to the payment gateways) and for the payment gateways to forward payment of the Fees to us.
IF YOU ARE ENROLLED IN THE AMIRA ELFAHD MEMBERSHIP PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED BY STRIPE AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY OR YEARLY, DEPENDING ON YOUR MEMBERSHIP) AND WILL BE BILLED BY THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT IN THE AMIRA ELFAHD MEMBERSHIP PLAN. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE AMIRA ELFAHD MEMBERSHIP PLAN, YOU MAY DO SO AT ANY TIME BY E-MAILING CONTACT@AMIRAELFAHD.COM.
You agree that you will NOT send credit card details to AMIRA ELFAHD directly and that ALL credit card transactions shall be processed through our payment gateways via the Website. AMIRA ELFAHD shall not be held responsible for the security of, or the misuse of, credit card or other personal information. Members should be aware that further terms and conditions required by payment gateways may apply. AMIRA ELFAHD reserves the right to immediately terminate a Member’s account and/or service for any unpaid (in whole or part) period of Membership subscription (with or without notice). Termination of service in no way relieves or excuses the Member from any obligation to pay outstanding charges or expenses. In the event AMIRA ELFAHD starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.
In addition to any Fees, AMIRA ELFAHD may also charge applicable value-added or other tax.
When visiting the Website, you may have the option of purchasing a product one time or enrolling into AMIRA ELFAHD’s Club subscription plan where the payment card you provide at the time of enrollment is automatically charged each month until you cancel. If you enroll in the AMIRA ELFAHD’s Club subscription plan, the payment card you provided will be billed and the product shipped every 30 days from the date of your initial enrolment unless you cancel. If you wish to cancel your subscription in AMIRA ELFAHD’s Club subscription plan, you may do so at any time, however, you must cancel your subscription 24 hours prior to the shipment of your next scheduled order. To cancel your AMIRA ELFAHD’S Club subscription, simply email us at CONTACT@AMIRAELFAHD.COM.
IF YOU ARE ENROLLED IN THE AMIRA ELFAHD CLUB SUBSCRIPTION PROGRAM AT THE TIME OF YOUR INITIAL PURCHASE AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SHIPMENT OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT IN THE AMIRA ELFAHD CLUB SUBSRCIPTION PLAN. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE AMIRA ELFAHD CLUB SUBSCRIPTION PROGRAM, YOU MAY DO SO AT ANY TIME BY E-MAILING CONTACT@AMIRAELFAHD.COM.
If you participate in the AMIRA ELFAHD Club subscription program using a credit card and your credit card fails to process for a subsequent shipment, you agree that AMIRA ELFAHD may contact you on any phone number (including a cell phone number) or e-mail address provided by you for alternate payment information. If you fail to pay for any product or service received, your account may be sent for collection. In the event AMIRA ELFAHD starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.
Unless otherwise stated on the Website at the time of purchase, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. You further understand that product or service availability may be limited and particular products or services may not be available for immediate delivery. If your order will be delayed, we will contact you at the e-mail or street address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third party carrier. We reserve the right to reject orders where the stated delivery address is outside the SAUDI ARABIA.
AMIRA ELFAHD reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
AMIRA ELFAHD takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
When ordering products, please note that AMIRA ELFAHD does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. If any item described on the Website is not as described when you receive it, or the packaging on the Website does not match what you receive, your sole remedy is provided in our Return/Exchange Policy. All sales are deemed final except as provided in the Return/Exchange Policy. AMIRA ELFAHD’s descriptions of, or references to, products or services not owned by AMIRA ELFAHDare not intended to imply endorsement of that product, or constitute a warranty by AMIRA ELFAHD unless expressly stated on the Website.
Trainer’s Obligations.
The Trainer will use his/her skills and knowledge to design a safe program of exercise that will take into account your lifestyle, personal goals, fitness level, and medical history. The Trainer will provide coaching, supervision, advice, and support to assist you in achieving your goals. You understand that the results of any fitness program cannot be guaranteed by AMIRA ELFAHD or the Trainer, and that your progress depends on your individual effort. Accordingly, individual results will vary.
Your Obligations-YOUR INDIVIDUAL RESULTS WILL VARY
You must commit to your training program 100% to improve the chances of achieving your goals. You are required to arrive on time for sessions with your Trainer and to have adequate internet service. You are required to wear appropriate clothing and footwear. Your Trainer may require a letter of “medical clearance” from your physician, and your physician may charge you for providing that letter, which cost is payable exclusively by you. You understand and agree that it is your responsibility to inform the Trainer of any conditions or changes to your health, now and ongoing, which may affect your ability to exercise safely and with minimal risk of injury. If your Trainer requires further medical information from a practitioner, you must provide such information.
Every person has a different body and history, and, therefore, individual results will vary from Member to Member. YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU, SUCH AS YOUR HEALTH, GENETICS, DIET, AND LEVEL OF EXERCISE. IF YOU ARE NOT SATISFIED WITH YOUR RESULTS, YOUR ONLY REMEDY IS PROVIDED IN OUR RETURN/EXCHANGE POLICY.
AMIRA ELFAHD may offer you an opportunity to become an Independent AMIRA ELFAHD Affiliate (“IWA”), wherein you will have the opportunity to receive free or discounted products or services or other remuneration in exchange for your truthful statements about your experience with AMIRA ELFAHD. Such statements may include, but not be limited to, sharing your AMIRA ELFAHD experience with your friends and colleagues in person, on social media, or by e-mail, and encouraging them to join AMIRA ELFAHD as a Member and/or purchase AMIRA ELFAHD products. AMIRA ELFAHD reserves the sole and exclusive right to determine the amount of remuneration each IWA will receive in exchange for his/her efforts.
IWA’s must comply with all laws including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227)), and laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)). IWAs are solely responsible for ensuring their compliance with all laws.
As an IWA, all of your statements must: (1) contain only truthful and accurate information about your AMIRA ELFAHD experience generally; and (2) if posting on social media, each post must contain (a) @AMIRAELFAHD and #AMIRA ELFAHD; and (b) #ad, #advertisement, or #promotion in a clear and conspicuous location before the text of your description. If the post is on Instagram, these hashtags must appear before the “More” button, and each Instagram post must use Instagram’s “Paid Partnership” tool. If the post is on YouTube or another form of video social media, then the hashtags must appear in a clear and conspicuous location in the post description, and each video must display the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion. All e-mails must: (1) be sent only to those individuals who have opted into receiving e-mails; (2) clearly identify the e-mail as an advertisement in the subject line; and (3) provide a mechanism for the recipient to opt out, with all opt out requests being honored within ten (10) business days of receipt.
As an IWA, your statements must not: (1) contain any false or misleading statements; (2) make any health or scientific claims about AMIRA ELFAHD’s products or services or your experience with AMIRA ELFAHD(e.g., “AMIRA ELFAHD has cured my heart disease” would be prohibited, but “AMIRA ELFAHD has helped me gain energy, lose weight, and feel healthier” would be permitted if that was your experience); (3) display, reference, or discuss any third party’s products or services including, but not limited to, the products or services of AMIRA ELFAHD’s competitors; nor (4) infringe any third-party’s intellectual property or other rights, including likeness rights, trademark rights, copyrights, and rights of privacy.
IWAs are independent contractors and are not employees or agents of AMIRA ELFAHD. IWAs have no authority to act on behalf of or bind AMIRA ELFAHD. IWAs shall be solely and exclusively responsible for all costs and other expenses incurred. Sections 18 and 20 below – in their entirety (as well as all other terms in this Agreement) – apply to IWAs, and further govern the relationship between AMIRA ELFAHD and each IWA.
AMIRA ELFAHD is pleased to hear from users and welcomes your comments regarding our services. AMIRA ELFAHD may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to AMIRA ELFAHD ‘s services or products, in printed and online media, as AMIRA ELFAHD determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products. As noted in Section 11 above, your results will vary depending upon a variety of factors unique to you, such as your health, genetics, diet, and level of exercise.
You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit, or share with AMIRA ELFAHD on this Website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively “User Communications”). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity, or any other applicable laws. AMIRA ELFAHD does not endorse or sponsor any User Communications submitted by you or other Members.
You are prohibited from posting, uploading, submitting, sharing, or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. AMIRA ELFAHD will fully cooperate with any law enforcement authorities or court order requesting or directing AMIRA ELFAHD to disclose the identity of anyone posting any such information or materials. Subject to the terms and conditions set forth in our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment, or attribution.
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
Additionally, AMIRA ELFAHD reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. AMIRA ELFAHD shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood, and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.
AMIRA ELFAHD IS COMMITTED TO HELPING YOU LOSE WEIGHT AND IMPROVE YOUR LIFESTYLE. YOU UNDERSTAND, HOWEVER, THAT OUR PRODUCTS, SERVICES, AND THE STATEMENTS ON THE WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD & DRUG ADMINISTRATION OR MEDICAL PROFESSIONALS, AND OUR PRODUCTS, SERVICES, AND THE INFORMATION ON THE WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY HEALTH PROBLEMS, ILLNESSES, OR DISEASES. THE INFORMATION ON THE WEBSITE OR PROVIDED TO YOU IN EMAILS OR OTHER COMMUNICATIONS IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR INFORMED MEDICAL ADVICE OR CARE. YOU FURTHER UNDERSTAND THAT OUR PRODUCTS AND SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER 18 YEARS OF AGE AND THAT THE PRODUCTS ARE NOT TO BE USED TO TREAT ANY TYPE OF MEDICAL CONDITION OR HEALTH PROBLEM. THE DIETARY NEEDS OF MINOR CHILDREN AND PERSONS WITH MEDICAL CONDITIONS ARE DIFFERENT FROM THOSE OF HEALTHY ADULTS. YOU AGREE THAT YOU EITHER HAVE CONSULTED, OR WILL CONSULT, WITH A PHYSICIAN OR DOCTOR BEFORE USING ANY OF OUR PRODUCTS OR TRYING ANY OF OUR SERVICES, PARTICULARLY IF YOU SUFFER FROM ANY MEDICAL CONDITION INCLUDING, BUT NOT LIMITED TO, HEART DISEASE, HIGH BLOOD PRESSURE, OBESITY, BLOOD CIRCULATION PROBLEMS, BREATHING PROBLEMS, OR ANY OTHER CONDITIONS OR DISORDERS, AND YOU AGREE THAT YOU WILL CEASE IMMEDIATELY FROM USING OUR PRODUCTS IF YOU EXPERIENCE ANY ILL EFFECTS OR UNINTENDED SIDE EFFECTS OF ANY PRODUCT.
AMIRA ELFAHD ENDEAVORS TO PROVIDE YOU WITH ACCURATE INFORMATION ABOUT OUR PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT THE INFORMATION AMIRA ELFAHD CONVEYS ABOUT OUR PRODUCTS, SERVICES, AND/OR THE EFFICACY OF OUR PRODUCTS OR SERVICES IS OBTAINED FROM INDEPENDENT THIRD PARTIES SUCH AS NEWS AGENCIES, SCIENTIFIC REPORTS, AND SCIENTIFIC / RESEARCH ENTITIES. AMIRA ELFAHD DOES NOT WARRANT OR REPRESENT THAT SUCH INFORMATION IS ERROR-FREE, AND AMIRA ELFAHD DOES NOT REPRESENT OR ENDORSE ANY THIRD PARTIES OR THE METHODS THAT THEY USE TO ARRIVE AT THEIR CONCLUSIONS. ALL PRODUCT SPECIFICATIONS, PERFORMANCE DATA, AND OTHER INFORMATION ON THE WEBSITE IS FOR INFORMATIONAL AND ILLUSTRATIVE PURPOSES ONLY, AND DO NOT CONSTITUTE A GUARANTEE OR REPRESENTATION THAT THE PRODUCTS WILL CONFORM TO SUCH SPECIFICATIONS OR PERFORMANCE DATA. AMIRA ELFAHD DOES NOT WARRANT OR REPRESENT THAT YOUR RESULTS WILL MATCH THOSE OF OTHERS WHO USE OUR PRODUCTS OR SERVICES.
THE REPRESENTATIONS AND PRODUCT DISCLAIMERS DESCRIBED ABOVE ARE INAPPLICABLE WHERE PROHIBITED BY LAW, INCLUDING IN NEW JERSEY.
AMIRA ELFAHD MAKES EVERY ATTEMPT TO PROVIDE ACCURATE NUTRITION AND INGREDIENT INFORMATION FOR EVERY PRODUCT ON OUR MENU. WE TAKE FOOD SAFETY VERY SERIOUSLY: HOWEVER, THERE IS ALWAYS A RISK OF CROSS-CONTAMINATION. THERE IS ALSO A POSSIBILITY THAT MANUFACTURERS OF THE COMMERCIAL FOODS WE USE COULD CHANGE THE FORMULATION AT ANY TIME, WITHOUT NOTICE.
PLEASE BE AWARE THAT OUR FACILITY HANDLES NUTS AND FOODS THAT MAY CONTAIN NUTS OR NUT OILS.
CUSTOMERS CONCERNED WITH FOOD ALLERGIES NEED TO BE AWARE OF THESE RISKS AND UNDERSTAND THAT THE CONSUMPTION OF FOODS PROVIDED BY AMIRA ELFAHD IS AT THEIR OWN RISK.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU UNDERSTAND THAT THERE ARE INHERENT RISKS IN PARTICIPATING IN A PROGRAM OF STRENUOUS EXERCISE. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW. IF YOU SUSTAIN OR CLAIM TO SUSTAIN ANY INJURY WHILE PARTICIPATING IN TRAINING, YOU ACKNOWLEDGE THAT AMIRA ELFAHD (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS) IS NOT RESPONSIBLE, AND THE TRAINER IS ALSO NOT RESPONSIBLE, EXCEPT WHERE THE INJURY WAS CAUSED BY THE TRAINER’S GROSS NEGLIGENCE. YOU AGREE THAT NEITHER AMIRA ELFAHD (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS), NOR YOUR TRAINER WILL BE HELD LIABLE IN ANY WAY FOR INJURIES RELATED TO UNDECLARED OR UNKNOWN MEDICAL CONDITIONS. YOU AGREE THAT IN NO EVENT SHALL AMIRA ELFAHD’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO AMIRA ELFAHD FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST AMIRA ELFAHD OCCURRED. YOU EXPRESSLY WAIVE ANY RIGHT TO INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS OF ANY KIND OR DESCRIPTION. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS AND ALL THEORIES OF LIABILITY ADVANCED, REGARDLESS OF WHETHER AMIRA ELFAHD WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL AMIRA ELFAHD OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER AMIRA ELFAHD HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
a. General
Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, AMIRA ELFAHD, or any involved third party relating to your account, your use of the Website, your relationship with AMIRA ELFAHD, these Terms, the Privacy Policy, and the Return/Exchange Policy. This includes any and all claims that relate in any way to your use or attempted use of the services or products, and any act or omission by AMIRA ELFAHD or any third party (including, but not limited to, trainers), related to your use or attempted use of the services or products. You, AMIRA ELFAHD, or any involved third party may pursue a Claim. AMIRA ELFAHD agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against AMIRA ELFAHD. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
b. Exceptions
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and AMIRA ELFAHD both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. AMIRA ELFAHD will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Sacramento, California: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by AMIRA ELFAHD for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties.
c. Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by e-mail to CONTACT@AMIRAELFAHD.COM. AMIRA ELFAHD will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with AMIRA ELFAHD or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Sacramento, California to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
d. Commencing Arbitration
You and AMIRA ELFAHD agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
e. Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Sacramento, California unless AMIRA ELFAHD otherwise agrees to arbitrate in another forum requested by you.
f. Organization, Rules, and the Arbitrator
We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, the Return/Exchange Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or AMIRA ELFAHD.
g. Fees
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
h. Governing Law and Award
The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
i. Enforceability
This provision survives termination of your account or relationship with AMIRA ELFAHD, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
In order to prevent or limit irreparable injury to AMIRA ELFAHD, in the event of any breach or threatened breach by you of the provisions of the parties’ Agreement or any infringement or threatened infringement by you of the intellectual property of AMIRA ELFAHDor a third-party, AMIRA ELFAHDshall be entitled to seek an injunction or other equitable relief restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting AMIRA ELFAHD from pursuing any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless AMIRA ELFAHD and its affiliates, and their respective directors, officers, employees, licensors, independent contractors, subcontractors, suppliers, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or inability to use the Website, (2) information you submit or transmit through the Website, or (3) your breach of these Terms, the documents they incorporate by reference, or the Agreement, or your violation of any law or the rights of a third-party.
If you believe that materials or content available on any AMIRA ELFAHD Website infringes any copyright you own, you or your agent may send AMIRA ELFAHD a notice requesting that AMIRA ELFAHD remove the materials or content from the AMIRA ELFAHD Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send AMIRA ELFAHD a counter-notice. Notices and counter-notices should be sent to AMIRA ELFAHD, Attention Legal Departmentr by e-mail to CONTACT@AMIRAELFAHD.COM.
The Website may contain links to other websites. AMIRA ELFAHD assumes no responsibility for the content or functionality of any non-AMIRA ELFAHD website to which we provide a link. Please see our Privacy Policy for more details.
AMIRA ELFAHDreserves the right to terminate any Member’s Membership and/or service for any reason (including paid-for subscriptions and/or guest subscriptions) after providing e-mail notice to the Member.
This Agreement will take effect (or shall re-take effect) at the time you click “SUBMIT ORDER,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using the Website, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination or suspension. You further agree that AMIRA ELFAHD shall not be liable to you or to any third party for the consequences of such termination or suspension. Your rights under this Agreement will terminate automatically if you fail to comply with this Agreement, subject to the survival of rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Website in your possession. Sections 12, 14 through 20, 22, 24 through 28, and 30 through 32 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with AMIRA ELFAHD.
No failure or delay on the part of AMIRA ELFAHD in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by AMIRA ELFAHD .
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with your access or use of the Website, our Privacy Policy, or Return/Exchange Policy, or any matter concerning AMIRA ELFAHD , including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of California excluding its conflict of law provisions. To the extent that any Claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded by the arbitration agreement in Section 17 above, the parties agree any such Claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Sacramento, California, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
AMIRA ELFAHD will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of AMIRA ELFAHD. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. AMIRA ELFAHD shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
AMIRA ELFAHD may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without AMIRA ELFAHD ‘s express written consent.
All information communicated on the Website is considered an electronic communication. When you communicate with any AMIRA ELFAHD company through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “SUBMIT MY ORDER”, “PAY NOW”, “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE”, or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Policy, or Return/Exchange Policy, by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes. Unless accepted by AMIRA ELFAHD in writing, these terms and conditions may not be amended by you.
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have read this Agreement and thoroughly understand the terms contained in this Agreement; and (3) that any products and services you purchase from the Website will be used for your personal, non-commercial use, and that you will not re-sell, re-distribute, or export any product that you order from the Website. You further represent that AMIRA ELFAHD has the right to rely upon all information provided to AMIRA ELFAHD by you, and AMIRA ELFAHD may contact you by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and AMIRA ELFAHD and governs your access and use of the Website and your ordering, purchasing and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and AMIRA ELFAHD. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to CONTACT@AMIRAELFAHD.COM.