5D Athlete Institute

AFFILIATE MARKETING

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

Champion Powered Programs, LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com.

FTC DISCLOSURE

From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Champion Powered Programs to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.

Even though compensation (e.g., cash, free product, or services) is received for in exchange for this sponsored content placement, Champion Powered Programs gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

CERTIFICATIONS

Anita Nall is a certified life coach and certified nutrition educator.

GENERAL DISCLAIMER

Champion Powered Programs has made every effort to ensure that all information on the Website has been tested for accuracy. Champion Powered Programs makes no guarantees regarding the results that you will see from using the information provided on the Website.

Champion Powered Programs assumes no responsibility for your decisions or for policies or practices that you implement based on information on the Website. Everything provided on the Website is for informational purposes only.

The information provided on the Website is provided “as is” without any representations or warranties, express or implied. The Website makes no representations or warranties in relation to the information discussed on the Website.

The Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.

FITNESS CONTENT DISCLAIMER

The Website may discuss topics related to health and fitness, and may include information on exercise and workouts. Everything provided on the Website is for informational purposes only. Consult a physician or medical professional before beginning any fitness program. Any form of exercise poses inherent risk of injury and by voluntarily engaging in any exercise or workout presented on the Website, you assume the risk of any potential injury that may result.

MEDICAL CONTENT DISCLAIMER

The Website may discuss topics related to health, fitness, nutrition, or medicine. This information is not advice and should not be treated as medical advice. The medical information provided on the Website is provided “as is” without any representations or warranties, express or implied. The Website makes no representations or warranties in relation to the medical, fitness, or nutrition information on the Website.

You must not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website.

NUTRITION DISCLAIMER

All information provided regarding nutrition on the Website is intended to be used for informational purposes only. As stated above, Anita Nall is a certified nutrition educator; however, Website content related to nutrition is not medical advice nor is it intended to replace medical advice. The Website is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program or modifying your current diet, including following the nutrition information available on the Website, you should seek advice from a licensed professional.

Champion Powered Programs is not responsible for any liability, loss or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available for purchase on the Website’s Products.

The Food and Drug Administration has not evaluated the statements contained in any Products available for purchase on the Website. Individual results may vary.

YOUR RESPONSIBILITY

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Champion Powered Programs makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Champion Powered Programs assumes no responsibility for errors or omissions that may appear in the Website.

USE OF THE WEBSITE

Unless otherwise stated, Champion Powered Programs owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

• Republication of content from the Website, unless content is specifically and expressly made available for republication;
• Sale, rental, or sub-license of any content from the Website;
• Reproduction or duplication of any content on the Website for commercial purposes;
• Modification of any content on this website, unless content is specifically and expressly made available for modification;
• Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Champion Powered Programs’ intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Champion Powered Programs.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Champion Powered Programs’ express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without Champion Powered Programs’ express written permission.

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Champion Powered Programs or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS

Champion Powered Programs’ trademarks and trade dress may not be used in connection with any product or service that is not Champion Powered Programs’, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Champion Powered Programs or Anita Nall.

From time to time, the Website will legally utilize trademarks owned by third parties related to Champion Powered Programs’s services. These trademarks are the respective property of their owners.

GRANT OF RIGHTS

You grant Champion Powered Programs a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Champion Powered Programs the right to sub-license these rights and the right to bring an action for infringement of these rights.

CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Champion Powered Programs or a third party.

Champion Powered Programs reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Champion Powered Programs’ servers; or, (iii) hosted or published on the Website. Champion Powered Programs takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Champion Powered Programs’ rights under the Terms of Use, Champion Powered Programs does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

COMMENT POLICY

The Website offers the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:

• harassment directed toward any content creator or Champion Powered Programs;
• spam;
• hate speech;
• defamatory to Champion Powered Programs or any third party;
• reference illegal acts; or,
• violate the legal rights of a third party.

Champion Powered Programs’ sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

TAKEDOWN REQUESTS

From time to time, the Website will publish posts with images from other third-party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to [email protected] and we will remove the image within 24 to 48 hours.

COMMUNICATION

If you send Champion Powered Programs an email, register to use the Website or provide your email to Champion Powered Programs in any other way, you consent to receive communications from Champion Powered Programs electronically. You agree that all legal notices provided via electronic means from Champion Powered Programs satisfy any requirement for written notice.

THIRD PARTIES

The Website contains links to third-party websites that are not governed or controlled by Champion Powered Programs. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Champion Powered Programs assumes no control or liability over the content of any third-party sites. You expressly hold harmless Champion Powered Programs from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Champion Powered Programs harmless from any and all liability in any dispute.

NO WARRANTIES

The Website are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Champion Powered Programs makes no representations or warranties in relation to the Website or the information and materials provided therein.

Champion Powered Programs makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Champion Powered Programs is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

CHAMPION POWERED PROGRAMS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify and hold Champion Powered Programs, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Champion Powered Programs suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Texas. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Douglas County, Colorado. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without Champion Powered Programs’ prior written consent, however, the Terms of Use may be assigned by Champion Powered Programs in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Champion Powered Programs.

All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for Champion Powered Programs and to your email address.