Effective Date: 01/01/2006

Welcome to Moxie by Lindsey! These Terms of Service ("Terms") govern your use of the Moxie by Lindsey website and any related services provided by Moxie by Lindsey ("the Website"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using the Website.

1. Description of Services

Moxie by Lindsey provides fitness coaching services through the Website. These services may include personalized workout plans, nutritional guidance, and other fitness-related content. The Website may also offer a platform for communication and interaction with other users and Moxie by Lindsey's team.

2. Eligibility

By accessing or using the Website, you represent and warrant that you are at least 18 years old or have the legal capacity to enter into these Terms. If you are accessing or using the Website on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms.

3. Registration and Account

To access certain features of the Website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process. You are solely responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You agree to notify Moxie by Lindsey immediately of any unauthorized use of your account or any other breach of security.

4. Payment and Subscription

Some features of the Website may require payment. By accessing or using these features, you agree to pay the applicable fees as described on the Website. Payment terms, including any recurring subscription fees, will be clearly stated at the time of purchase. You are responsible for all charges incurred through your account, and all fees are non-refundable unless otherwise stated.

5. User Content

You may have the opportunity to submit or upload content to the Website, including but not limited to feedback, comments, testimonials, and personal progress updates ("User Content"). By submitting User Content, you grant Moxie by Lindsey a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the operation and promotion of the Website.

6. Prohibited Conduct

When using the Website, you agree not to:

• Violate any applicable laws or regulations;
• Infringe upon the rights of others;
• Use the Website for any unauthorized or unlawful purpose;
• Post or transmit any content that is harmful, offensive, defamatory, or otherwise objectionable;
• Attempt to gain unauthorized access to the Website or its systems;
• Interfere with or disrupt the Website or its services; or
• Engage in any conduct that may adversely affect the reputation or operation of Moxie by Lindsey.

7. Intellectual Property

All intellectual property rights in the Website and its content, including but not limited to text, graphics, logos, images, and software, are owned by or licensed to Moxie by Lindsey. You may not use, reproduce, modify, or distribute any intellectual property belonging to Moxie by Lindsey without prior written consent.

8. Payments and Fees

1. Fees: Customer agrees to pay all applicable fees including, without exclusion, the monthly subscription fees and any other fees, charges, or costs that you agree to purchase as part of the Services (“Fees”). Customer agrees to pay for all charges and usage fees incurred prior to termination or cancellation of the Agreement. Refunds will not be issued unless required by law. This payment obligation shall survive the termination or cancellation of this Agreement for any reason whatsoever.
2. Payment and Automatic Payment: The customer’s payment information will be processed and stored through a third-party payment processor. All paid account holders must maintain at least one valid payment method for the payment of Fees
3. Cancellation: You may cancel your subscription and automatic payment by e-mailing us at support@moxiebylindsey.com. Cancellation does not entitle you to the refund of any previously paid fees. You will not receive a prorated refund for the remainder of the subscription term. It is Customer’s obligation to communicate cancellation or termination of the Services to any and all Authorized Users.
4. Pausing Services: Customer may pause services only in the event of surgery or family emergencies. If excessive pausing occurs during the Customer's time with Moxie, they may be denied future requests to pause services. This decision is made at the discretion of Moxie.
5. Renewal: At the end of each payment interval (as applicable), the Services will automatically renew for an additional term, respectively, unless you request cancellation within 30 days prior to the renewal. If you wish to change your subscription level or term, you must contact us at support@moxiebylindsey.com.  
6. Changes to Fees. The customer acknowledges that Moxie may change the Fees at any time. In the event of such a change, Moxie will provide notice to the Customer via the email address associated with the Customer’s account at least thirty (30) days in advance of the effective date of the change. Customer’s continued use of the Services indicates its acceptance of any changes to the Fees. The customer is solely responsible for all applicable taxes and will be charged for taxes when required by law.

9. Disclaimer of Warranties

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOXIE BY LINDSEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MOXIE BY LINDSEY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARM