310-717-0623

TERMS OF USE

XPTLIFE.COM™ The XPTLife.com website (the “Website”) provides information about GotoGabby, LLC d/b/a XPTLife, its members, managers, officers, directors, employees, agents, instructors, and contractors including, without limitation, Laird Hamilton, Gabrielle Reece, Brian Mackenzie, and Jennifer Meredith (together, “XPT”). The Website also provides information regarding the affiliates of XPT and related companies (“Affiliates”) and parties unreleated to XPT (“Third Parties”). In addition, the following Terms of Use apply to your participation in the XPTLife.com Experience (the “Program”). The term “XPT” shall include reference to the Program. The Website is made available to the public subject to the following terms, policies, and guidelines. When referring to the “Website” in these Terms of Use, such reference includes information provided on the Website and information provided through any mobile device, DVD, videotape or other similar medium accessed or downloaded via the Website. By visiting or using the Website, you agree to abide by these Terms of Use. If you do not wish to be bound by these Terms of Use, you may not use the Website and must immediately cease use of the Website. Please read these Terms of Use carefully. XPT; XPTlife.com; XPT Program; XPT Experience. XPT addresses only non-urgent subjects of a general nature. XPT does not take into account the medical conditions of individual users, and none of the information provided in XPT should be considered a substitute for personal medical attention, diagnosis or treatment. Subscription Service; Billing and Renewal. XPT is a subscription based program. When you choose to sign up for XPT, you agree to the terms of our subscription services. Your subscription term is based on the initial level of subscription you select. At the time that your initial membership package expires, your subscription automatically will revert to a monthly membership. Your credit card will be charged, on a monthly basis, as long as you continue to subscribe to XPT. XPT will not provide you with any notice of renewal or confirmation that your credit card is being or has been charged. In order to sign up for XPT, you will be required to provide certain information including, without limitation, your name, address, telephone number and credit card information. We maintain the information you provide to us as confidential pursuant to the terms of our Privacy Policy which may be accessed on this Website. The information you provide will form the basis of your account with us. You agree to provide this information as well as any other mandatory information and agree that such information provided will be accurate and current. You represent and warrant that you are an authorized user of the credit card provided to us and you agree to pay all charges resulting from your subscription services at the prices then in effect. You agree to be responsible for any and all charges to your account, including applicable sales tax, and all associated renewal fees until notice of cancellation is received by XPT. You agree that all such charges may be charged to the credit card provided with your account and that the Terms of Use in effect at the time your account is charged shall govern. You agree that your account may be terminated by us at any time for any or no reason. You may cancel your membership at any time within the ten (10) day period following the calendar date on which you subscribe to XPT and will receive a full refund. In the event that you cancel your subscription at any time after the ten (10) day period following the calendar date on which you subscribe to XPT, you will not be entitled to receive any refund. At the end of the initial term of your subscription, your subscription will automatically revert to a monthly membership and your account will be charged on a monthly basis until you cancel your membership. Your subscription to XPT is based on the subscription level you select at the time you register for XPT. Following are descriptions of each subscription level. If you have any questions about your account, you should send an email to Customer Service at CONTACT@XPTLife.com or call Customer Service at (310) 717-0623. Silver (1 Month) Membership: Your initial subscription term is one (1) month. You may cancel your membership at any time within the seven (7) day period following the calendar date on which you subscribe to XPT and will receive a full refund. In the event that you cancel your subscription at any time after the seven (7) day period following the calendar date on which you subscribe to XPT, you will not be entitled to receive any refund. If you cancel your subscription during the initial one-month term, you will not receive a refund for that period. In order to cancel your subscription, you must email Customer Service at CONTACT@XPTLife.com. Cancellation will be effective on the expiration of the one-month period during which you provide such notice. You will not be entitled to any refund for the remainder of a one-month period during which you provide notice of cancellation. Gold (3 Month) Membership: Your initial subscription term is three (3) months. You may cancel your membership at any time within the seven (7) day period following the calendar date on which you subscribe to XPT and will receive a full refund. In the event that you cancel your subscription at any time after the seven (7) day period following the calendar date on which you subscribe to XPT, you will not be entitled to receive any refund. If you cancel your subscription during the initial three-month term you will not receive a refund for that period. Upon the expiration of your initial three-month subscription, your subscription automatically will revert to a month-to-month membership, and your account automatically will be charged on a monthly basis until you cancel your subscription. We will not provide you with any notice of renewal or confirmation that your account is being or has been charged. You may cancel your subscription at any time after the initial three month term. In order to cancel your subscription, you must email Customer Service at CONTACT@XPTLIFE.COM. Cancellation will be effective on the expiration of the one-month period during which you provide such notice. You will not be entitled to any refund for the remainder of a one month period during which you provide notice of cancellation. Usage Regulations. You may display, reformat and print information from the Website for your own personal, non-commercial use only. You may not sell, re-publish, distribute or display any Content (as defined under Copyrights and Trademarks below) or other material from the Website for any other purpose. All such uses are strictly prohibited without our express prior written consent, and such consent may be given or withheld in our discretion. The Website may contain other proprietary notices and limitations, the terms of which must be observed and followed. You agree that you will not in any way modify, move, add to, delete from or tamper with any Content or feature of the Website or interfere in any way with its proper functioning. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms of Use or any applicable law or whose conduct is harmful to the interests of XPT, Affiliates or any third-party licensors. We may take steps to prohibit access and/or use without prior notice to any such user. Passwords. Upon signing up for XPT, you will be assigned a password. XPT maintains all passwords on a secure server. In the event you forget your password, XPT will assist you. Please send an email to Customer Service at CONTACT@XPTLIFE.COM or contact Customer Service at (310)717-0623 and request password assistance. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account. You are solely responsible for controlling the use of passwords and activation codes; authorizing, monitoring and controlling access to and use of your account and password; and informing XPT immediately in the event of unauthorized use or access to your password. By signing up for XPT, you grant to the XPT Parties the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Website. Third-Party Content and Links. The Website includes information provided by Third Parties, including opinions and advice of experts in different fields. XPT, Affiliates, and their respective employees are not responsible for the opinions, statements, services, offers or other information provided by Third Parties.The Website also may include the personal recommendations and opinions of XPT, Affiliates or others. Although XPT, Affiliates or others may have endorsement arrangements with some companies, neither XPT, Affiliates nor any of their respective employees or agents makes any representation or warranty or assumes any liability regarding the quality of products or services that may be purchased by you from the Website or from any Third Parties. It is up to you, the user of this Website, to determine whether information made available on the Website satisfies your needs. The Website includes hyperlinks that will take you out of the Website to third-party websites. Links to third-party websites may be included in advertisements for third-party services, or they may be accompanied by descriptions of third-party services. All links to third-party websites are provided for your convenience only. Neither XPT nor any Affiliate controls the content or operation of any linked third-party websites, and we disclaim any responsibility for any product, service or information provided on any linked website. NEITHER THE PUBLICATION OF THIRD-PARTY CONTENT OR ADVERTISEMENTS ON THE WEBSITE NOR LINKS TO THIRD-PARTY WEBSITES CONSTITUTES AN ENDORSEMENT OF THE THIRD-PARTY OR ITS PRODUCTS OR SERVICES BY XPT, ANY AFFILIATES OR BY ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS. DISCLAIMER; NO MEDICAL ADVICE PROVIDED XPT is provided for informational purposes only and is not intended to be a substitute for professional medical advice. At any time you have questions regarding a medical condition, you should seek the advice of your physician or other qualified health care provider. None of the contents of XPT are intended to be relied upon for medical treatment or diagnosis. You should never delay seeking medical advice or disregard medical advice due to any information provided as a part of XPT. Any opinions expressed as a part of XPT are the opinions of the authors and the XPT Parties assume no liability for the contents of any materials provided as part of XPT. Reliance upon any opinion or advice provided as part of XPT is at your own risk. The XPT Parties assume no liability or responsibility for damage or injury to person or property arising from any use of any product, service, information or instruction provided as a part of XPT. You should consult your physician or other qualified health provider before beginning this or any other exercise program. This is especially important if you (or your family) have a history of medical problems (including heart disease, stroke, high blood pressure, high cholesterol or other medical problems) or if you are obese or have a specific injury. You should not begin this exercise program if your physician or other qualified health provider advises against doing so. If you experience any discomfort or pain while engaging in this exercise program (including pain, dizziness, discomfort, chest pain or shortness of breath), you should stop the program and seek immediate medical attention by contacting your physician or dialing 911 (in the United States) or other emergency number. Participating in any exercise program can pose some risk of injury. You assume all risks of injury arising from your use of any workout or exercise program or instructions provided as part of XPT. THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. MANY EXERCISES AND ROUTINES CAN BE CHALLENGING. IF YOU DO NOT KNOW HOW TO PERFORM THEM CORRECTLY AND SAFELY, YOU SHOULD NOT PARTICIPATE IN THEM OR MAKE THEM A PART OF YOUR WORKOUT. BY DECIDING TO PARTICIPATE IN AND USE XPT, YOU ARE ASSUMING ALL RISK OF INJURY, HARM AND LOSS. The XPT Parties shall have no responsibility or liability for any information you submit on the Website or for any use or misuse by you or any third party of information transmitted or received on the Website. Copyright and Trademarks. All content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property XPT or Affiliates, or Third Parties that have licensed Content and software for use on the Website. All Content and software are protected by U.S. and international copyright laws. All Content and other copyrightable material may be used only as provided in these Terms of Use. The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website, including, but not limited to, XPT™, XPTLife.com™, XPT Extreme Pool Training™, XPT Extreme Performance Training™, Laird®, and Laird Superfoods™ are registered or unregistered trademarks of XPT, Affiliates or Third Parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks. All rights not expressly granted in these Terms of Use are reserved. Linking and Framing. Without the prior written permission of XPT, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of XPT, Affiliates or any of their licensors into another website or other service. Without the prior written permission of XPT, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of XPT or any of their licensors into another website or other service. Comments and Suggestions. We appreciate your comments and feedback about the Website. Please note that by providing comments, ideas or suggestions to us, you grant to us and our affiliates a nonexclusive, transferable, irrevocable, worldwide, royalty-free, perpetual license and right to use, modify, reproduce, disclose, publish and distribute such submissions for any purpose, without restriction, without compensating you in any way and without right of attribution. If you do not wish to grant us such rights, we ask that you not send us or post comments or other submissions, particularly any information you consider to be confidential or original creative material, such as scripts, story ideas, photographs or original artwork. Forums. The materials, information and opinions included and/or expressed in or on bulletin boards, chat rooms, community pages or other forums, if any, or by our moderators on this Website (“Forums”) are not necessarily those of XPT. XPT does not undertake to monitor or review Forums, and the content of Forums is not the responsibility of XPT. XPT may remove or modify any content without notice or liability at any time in its sole discretion. Any use of Forums will be at your own risk and will be subject to the disclaimers and limitations on liability set out above. Rights to All Submissions. All material you submit such as posting of reviews, comments, photographs, postings to chat rooms, forums, blogs, moderators and other public posting areas, and any material you submit via emails to CONTACT@XPTLife.com or in any form to any representative of the Website, whether text or images, becomes the property of XPT and may be reproduced, modified and distributed in any medium including, without limitation, books, magazines, television, home video, DVD, motion pictures, blogs, websites, mobile services, products or any other commercial promotion, for any purpose and in perpetuity, without compensating you in any way and without right of attribution or credit. Further, you understand that by posting material on XPT’s community and social media websites, you are granting to XPT, its partners, vendors, production companies, and programming and content distributors, and anyone else authorized by XPT, Affiliates, their officers, directors, members, managers, employees, agents, licensees, successors and assigns (the “XPT Parties”), a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on XPT’s community and social media websites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant XPT, and anyone authorized by XPT, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as XPT deems appropriate without any obligation by XPT. You represent and warrant that any submission will be wholly owned by, and original to, you and that no consent or the approval of any other person or entity will be required for you to assign the rights to XPT as contemplated herein. If you do not wish to grant us such rights, we ask that you not make submissions to the Website, particularly any information you consider to be confidential or original creative material, such as scripts, story ideas, photographs or original artwork. If you make submissions, you agree to grant to us and our Affiliates all rights described herein. XPT has the right to reject any submissions and you acknowledge that XPT may have similar materials. By using this Website, you waive all right to any submission. Responsibility. Please act responsibly when using this Website. You may only use this Website and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Website. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by XPT) or privately transmitted on or through this Website are the sole responsibility of the sender, not XPT, and that you are responsible for all material you upload, post or otherwise transmit to or through this Website. Objectionable Content. XPT requires that you do not post emails or submit to or publish through Forums or otherwise make available on this Website any content or act in a way which in our opinion: (a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; (b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the Material; (c) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (d) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; (e) violates any law or may be considered to violate any law; (f) violates any right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement); (g) advocates or promotes illegal activity; (h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; (i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Website; (j) solicits funds, advertisers or sponsors; (k) includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; (l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website; (m) copies any other pages or images on this Website except with appropriate authority; (n) amounts to a ‘pyramid” or similar scheme; (o) amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files which are only linked from other sites) and you must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us; (p) disobeys any policy or regulations established from time to time regarding use of this Website or any networks connected to this Website; (q) provides untruthful and inaccurate registration information; (r) uses any information obtained from the Website to harass, abuse or harm other people or solicits personal information from anyone under 18; (s) promotes information that the user knows is false or misleading; (t) promotes conduct that is abusive, threatening, obscene, defamatory or libelous; (u) contains links to other sites that contain the kind of content which falls within the descriptions set out at (a) to (t) above. Warranties. Warranties for all products purchased through the Website are limited to those warranties provided by the respective manufacturers, distributors or suppliers of such products. XPT has no responsibility for such warranties, if any. Limitation of Liability; Disclaimers; Waivers. Your use of this Website is at your own risk. The Website and all the Content, materials, information, software, facilities, Forums, services and other content on the Website are provided “AS IS” and without warranties of any kind, either express or implied. Neither XPT, Affiliates nor any of their respective employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on the Website. To the full extent permitted by applicable law, XPT, Affiliates and their respective employees and agents disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, or any warranty that the Website will operate uninterrupted or error free. XPT does not warrant that the functions contained in this Website will be available, uninterrupted or error-free, that defects will be corrected, or that the Website or the services that make the Website available are free of viruses or other harmful components. XPT does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, Forums or other Content on the Website or any sites linked to the Website in terms of their correctness, accuracy, reliability, or otherwise. XPT makes no warranties that your use of the materials on the Website, information, exercise videos, supplements, software, facilities, Forums, service or Content will not infringe the rights of others and XPT assumes no liability or responsibility for errors or omissions in the materials on the Website, information, software, facilities, Forums, service or Content. XPT makes no representations or warranties regarding use or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the Website including, without limitation, any Third Party site or service linked to from the Website. The Website and products or services contained thereon are not substitutes for the advice and treatment of a licensed health care professional. Not all products and services are suited for everyone. The creators of products and services on the Website do not assume, and shall not have, any liability to users for injury or loss in connection therewith. XPT makes no representations or warranties and expressly disclaims any and all liability concerning any treatment or any action following the information offered or provided within or through the Website. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed physician or other health professional to help you. Do not delay in seeking advice because of the information offered or provided through this Website. The Content on this Website is not intended to be a substitute for medical, professional, health or safety advice. At any time you have questions regarding a specific situation, you should seek the advice of a medical professional. None of the Content of this Website is intended to be relied upon for medical, health or safety advice. You should never delay seeking medical, professional, health or safety advice, or disregard medical, professional, health or safety advice, due to any Content of this Website. You should always assure that you are taking the appropriate medical, health and safety precautions in performing any exercise or taking any supplement. Any opinions expressed on this Website are the opinions of the authors and neither XPT, Affiliates nor any of their employees or agents assume any liability for the Content of any materials provided on the Website. Reliance upon any opinion or advice provided on the Website is at your own risk. Neither , their Affiliates nor any of their employees assume liability or responsibility for damage, injury or death to person or property arising from any use of any product, service, exercise, information or instruction contained on this Website. Any training or fitness plan can result in serious injury. XPT urges you to obtain a physical examination from a physician before using any weight loss products or services or engaging in activity different from your normal routine. You agree that by using any products or services, you do so entirely at your own risk. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability. You expressly agree to release and discharge all XPT Parties from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any XPT Parties for personal injury or property damage. In the event of any final determination that you are entitled to damages as a result of or in connection with your use of the Website, XPT, Affiliates, Third Parties and their respective employees and agents shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500 in the aggregate. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, XPT, AFFILIATES AND THEIR EMPLOYEES DISCLAIM ALL PRODUCT-RELATED AND SERVICE-RELATED WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NOR DO THEY WARRANT THE ACCURACY OR COMPLETENESS OF ANY PRODUCT DESCRIPTION OR OTHER INFORMATION PROVIDED ON THE WEBSITE. FURTHER THEY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECTS, PRODUCT MISUSE OR ABUSE, IMPROPER PRODUCT SELECTION OR NON-COMPLIANCE OF ANY PRODUCT WITH APPLICABLE LAWS OR REGULATIONS. THIS DISCLAIMER SHALL BE LIMITED TO THE EXTENT (IF ANY) THAT IT IS PROHIBITED BY APPLICABLE LAW. If you are dissatisfied with the Website or any Content on the Website or any provision of the Terms and Conditions of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Website. Limitation on Claims. Any claim or action that any party may have arising from or related to use of the Website or any purchase made through the Website must be filed within one (1) year after the claim or cause of action arises. Any claim or action not filed within such time will be forever barred. Modification; Waiver. The Website and the products, services and programs described in the Website may be changed, eliminated or updated without prior notice. We may also make changes to these Terms of Use and any Website-related policies, rules or guidelines at any time. Revised terms will be effective when posted to the Website unless otherwise provided by us in the revision. Your continued use of the Website after new Terms of Use or any revised policies, rules or guidelines are posted constitutes your agreement to abide by the revised terms. No waiver of any breach of the Terms of Use or the Privacy Policy shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of either the Terms of Use or the Privacy Policy, and no waiver of any provision shall be effective unless made in writing and signed by an authorized representative of XPT.