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Terms & Conditions of Use

STSims Consultants Ltd. - General Terms and Conditions of Use

Last Updated: May 25, 2026

These are the STSims Consultants Ltd., trading as DR STACY SIMS, General Terms and Conditions of Use (“Terms of Use”). These Terms of Use govern your access to and use of our website, including when you subscribe to our membership plan, register for or access our online fitness courses, workbooks and our blog, engage in our comment sections or forums, and use any Related Features, Content, or Services provided by us (collectively, the “Services”). When we refer to “STSims,” “we,” “our,” or “us”, we mean the STSims Consultants Ltd., and its affiliates trading as DR STACY SIMS.

By accessing and using www.drstacysims.com (the “Website”) in any manner, including but not limited to visiting or browsing the Website and purchasing or downloading any Services, or subscriptions, you acknowledge and agree that you are bound by these Terms of Use effective immediately, including the provisions regarding warranties and disclaimers, permitted‑use, limitations of liability, dispute‑resolution, termination, and any policies incorporated by reference and agree to comply with all applicable laws and regulations.

These Terms of Use constitute the entire agreement between you and STSims and supersede and replace any prior terms, conditions, or agreements relating to your use of the Website or Services to which you may have previously agreed. Your use of our Website and Services is conditional on your acceptance of these Terms of Use and any STSims policies expressly incorporated by reference in these Terms of Use, including our Privacy Policy and Cookies Policy. Note that our Website is powered by Kajabi, LLC (“Kajabi”) and you therefore may be subject to Kajabi’s own terms, conditions and policies which are available at www.kajabi.com/policies.

If you do not agree with these Terms of Use, please do not use the Website or Services. Unless otherwise defined herein, capitalized terms shall have the meanings set forth in Section 18 “Definitions” below.

  1. The Services

Our Website provides you with access to our Services, including pre-recorded online courses, workbooks, blog and comment section, forum and any related features. Our Services do not include individually tailored materials.

STSims provides the Services with the aim to help you with your training, nutrition, and health, based on research conducted in good faith or otherwise available to STSims. The Services are provided for information and education purposes only.

We may use artificial intelligence (“AI”) and automated tools to support the creation, editing, and delivery of our Services, including but not limited to drafting content, editing videos, and improving user experience. Any content generated or assisted by AI is reviewed by STSims prior to publication. We do not use AI to make automated decisions about you that produce legal or similarly significant effects.

The use of our Services is at your own risk. The success of our Services ultimately depends on your individual circumstances and engagement. The responsibility for the success of your training, nutrition, health, or your reliance on our Services and any Related Features, Content, or Services lies solely with you. Please refer to Section 9 “Limitation of Liability and Indemnity” of these Terms of Use for more information on the extent of our liability.

1.1 Eligibility

By accessing and using our Services you confirm that you are of legal age in your respective country but at least 18 years old, have full legal power, capacity and authority to agree to these Terms of Use and have not been previously suspended or removed from using our Services.

1.2 Accessibility

Some of our Services are available directly through the Website. However, access to most of our Services requires that you register a user profile (“User Account”) and either pay the applicable one‑time fee or select a membership subscription plan.

You confirm and warrant that the information you provide to us (during the registration process, process of accessing our Services and at any other time) is current, complete and accurate at the time you provide it, and you agree to maintain and update the data as required to keep it so. You acknowledge that we cannot complete your transactions and provide you with our Services if we do not have the correct information about you, including your email address, postal address and credit card details.

You are fully responsible for all use of your User Account and your access to our Services, including the access or use of your User Account by others and you will be liable for all use of your User Account if that use breaches these Terms of Use or any therein referred to Policies. Any instruction issued or information provided using your email, User Account or password will be deemed to be an instruction or posting by you and may be acted upon accordingly until you notify us otherwise. You agree to notify us immediately of any unauthorized use of your User Account or any other breach of security.

Subject to applicable law, STSims may suspend, restrict access to, or terminate your User Account where we reasonably determine that: (i) you have breached these Terms of Use or any policies referenced herein; (ii) your use of the Website or Services poses a security risk, legal risk, or risk of harm to us, other users, or any third party; (iii) payment for the Services is overdue, reversed, or unauthorized; or (iv) suspension, restriction, or termination is otherwise necessary to comply with applicable law or a lawful request of a governmental authority. Where reasonably practicable, we will provide you with notice of the suspension, restriction, or termination and the reason for it. You acknowledge and agree that these Terms of Use continue to apply after your User Account expires or is terminated, or where you stop using the Website or Services, to the extent the relevant provisions are intended to survive.

1.3 Availability

STSims shall make reasonable efforts to ensure that our Website and Services are available to you. Access to the Website and Services may be disrupted from time to time due to required maintenance, technical issues, network and system overloads or events outside of our control. We do not guarantee availability and the permanent full functionality of our Website, or Services. However, we will use commercially reasonable efforts to minimize downtime of our Website and Services.

By accepting these Terms of Use, you hereby agree not to rely on the availability of our Website, and Services at any particular time and agree and acknowledge that we will not be responsible for any harm or loss caused by outage or other unavailability of our Website, or Services. Please refer to Section 9 “Limitations of Liability and Indemnity” of these Terms of Use for more information on the extent of our liability.

1.4 Changes

STSims reserves the right to modify or delete any feature or part of our Website and Services at any time at our sole discretion, including changes to the range of Services we offer. We may also discontinue our Services in response to unforeseen circumstances beyond our control or to comply with applicable legal requirements.

1.5 Administrator

An account may be set up in the name of a corporation, company or business name (“Business Account”). The business account is non-transferable and needs to be controlled by an individual person (“Administrator”). Only the Administrator may access and use our Services via the Business Account.

1.6 Permitted Use

You may download and view or otherwise use our Services, provided:

  • You do not share it with any third party;
  • You only use it for the purpose for which it was provided to you, i.e. for your own educational purposes; and
  • You use it in compliance with these Terms of use and any therein referred to Policies.

By accepting these Terms of Use, you hereby agree that your use of our Website and Services and your provision of information through our Website, including but not limited to the comment section and/or forum (“User Content”) will comply with the policies that we may adopt from time to time to regulate use of our Website and Services. The terms set forth in this Section 1.6 and Section 1.7 “Restriction on Use” outline our current policies (“Allowed Usage Policy”). We reserve the right to remove or delete any of your User Content that we reasonably believe breaches the requirements set out in the Allowed Usage Policy.

By accessing and using our Website and Services, you warrant not to misuse our Website and Services or to collude with, assist or otherwise facilitate the misuse of our Website and Services by anyone else. Misuse of our Website and Services includes, but is not limited to:

  • Attempting to gain unauthorized access to our Website, Services, other accounts, computer systems, or networks connected to our Website, or Services, through hacking, password mining or any other means;
  • Using our Website, or Services in any manner that could damage, disable, overburden, or impair our Website, or Services, or any associated connected network, or interfere with any other party’s use and enjoyment of the Service;
  • Interfering with or disrupting the information security of our Website, or Services (including, without limitation, hacking, spoofing, attempting or effecting a denial of service, mailbombing and/or sending any email that transmits, contains, or embeds, any virus or propagating worm, or any malware, whether that is spyware, adware or other similar file or program);
  • Masking your identity by using a virtual private network (or any other service that encrypts your Internet traffic) in order to circumvent any aspect of these Terms of Use;
  • Failing to notify STSims of any recognized attempt by a Third Party to break into your account, whether or not successful;
  • Transmitting false information, including “phishing” or “spoofing”;
  • Selling our Services or any Related Features, Content, or Services without authorization to do so;
  • Defaming, abusing, harassing, stalking, threatening, breaching the confidence of, or otherwise violating the legal rights (such as rights of privacy) of others;
  • Committing or encouraging the commission of a criminal offence;
  • Disrupting an exchange of information between Users or otherwise acting in a manner that negatively affects other Users;
  • Impersonating any other person, or forging any material in order to disguise the origin of any STSims Content or communications sent through our Website;
  • Transmitting any unsolicited advertising, promotional materials, or any other forms of solicitation, unless expressly authorized by us, or harvesting information about other Users in order to transmit or facilitate the transmitting of such materials;
  • Attempting to modify, reverse engineer, or reverse-assemble any part of our Website or STSims Content;
  • Violating applicable law in any way, including violating the privacy or rights of others; or
  • Engaging in any other conduct that we may advise that we consider (in our absolute discretion) breaches these Terms of Use, or is otherwise inappropriate for the Website.

1.7 Restriction on Use

By accessing and using our Website and Services you warrant that any User Content provided by you is true, complete, accurate, does not violate these Terms of Use or any applicable laws, and you hold the ownership and control of the rights to the User Content. You further warrant that you will not submit, post, upload, publish, or otherwise transmit any User Content to us, on or through the Website, including our comment sections, forums, any affiliated or linked websites, or related social media pages, that falls within any of the following categories:

  • Content that is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable;
  • Content that is or is reasonably likely to be unsuitable for persons under the age of 18 years;
  • Content that infringes upon the intellectual property, privacy, or publicity rights of any third party unless you have all necessary rights and consents to do so;
  • Content that infringes upon any confidentiality or privacy obligations or other contractual or legal obligations owed to any Third Party;
  • Content that stipulates Sensitive Personal Information;
  • Incorrect or inaccurate Content;
  • False, misleading, or deceptive Content;
  • Content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of our Website, or Services;
  • Content that is prohibited by or violates any applicable laws or regulations; or
  • Content that otherwise breaches these Terms of Use or any therein referred to Policies.
  1. Payments

2.1.        Pricing

The prices for our Services are listed on the Website. We reserve the right to revise and amend our prices and membership subscription plans at any time at our sole discretion. In the event of a price change we will contact subscribers of a membership plan to notify you of the changes. If you do not accept a price change, you may cancel your subscription prior to the change taking effect. If you do not cancel your subscription prior to the price change, we will renew your subscription and charge your payment method the updated price.

All prices are exclusive of bank fees, credit card fees, currency fees and taxes, unless otherwise indicated by us. Third party fees may be applicable to your use of the Services. You acknowledge and agree to pay, and indemnify us for any bank, credit card, currency, taxes or third-party fees that may be applicable.

2.2.        Payment Details

You may choose to purchase our Services (“Order”) by paying the applicable one‑time fee or select a membership subscription plan prior to receiving access to our Services through Stripe or PayPal payment. The price of our Services, as well as the currency in which your Order is payable will be specified during the order process and may vary depending on your country of residence.

By submitting payment details, you warrant that you are legally entitled to purchase our Services and/ or subscribe to our membership subscription plan. If we do not receive payment authorization or such authorization is revoked, we may immediately suspend or terminate your access to our Services. STSims reserves the right to cancel your Order if our fraud check classifies your payment as risky.

2.3.        Refund

The terms set forth in this Section 2.3. outline our current policy on refunds (“Refund Policy”). This Refund Policy applies only to Services purchased directly through our Website and does not apply to purchases from or subscriptions to third parties.

We offer a fourteen (14)-day refund period for all purchases of our Services, including  any membership subscription plan, made through our Website providing that not more than fifty (50) percent of the purchased courses have been completed. If you are not satisfied with your purchase, you may submit a written request to support@drstacysims.com for a full refund of your payment within fourteen (14) days of the purchase date. Refunds will not be granted for requests made after the fourteen (14)-day refund period. This Refund Policy is in addition to, and does not limit, any non-excludable rights or remedies you may have under applicable law, including any applicable statutory consumer guarantees or cancellation rights.

STSims reserves the right to refuse a refund if we determine that you are abusing the Refund Policy, including but not limited to excessive refund requests or suspected fraudulent activity.

  1. Cancellation and Termination

3.1.        Subscription Cancellation

Unless cancelled in accordance with these Terms of Use, your membership subscription plan will automatically renew for the successive term of your initial subscription term.

You may cancel your membership subscription plan at any time through your User Account on our Website. To avoid renewal payment, cancellations must be completed at least twenty-four (24) hours prior to the end of the current billing period. Upon cancellation you will have continuous access to our Services for the remainder of the prepaid subscription term.

3.2.        User Account Termination

STSims reserves the right to terminate your User Account and your access to our Website and Services in the following cases:

  • Breach of these Terms of Use, including herein referred to Policies;
  • Use of our Website or Services that could or would cause harm or risk to others; or
  • Untimely payments for our Services.

STSims will endeavor to provide you with reasonable notice before terminating your User Account.

You may terminate your User Account at any time by deleting it through our Website. On termination of your User Account, you will no longer be able to access or use our Services. You will not be entitled to any refunds beyond the ones pursuant to Section 2.3 “Refund” of these Terms of Use or any applicable statutory consumer guarantees or cancellation rights.

3.3.        Survival

The following provisions of these Terms of Use together with any other clauses which by their nature are required or intended to survive a User Account termination will survive the termination of your User Account: i) Section 9 “Limitation of Liability and Indemnity”; (ii) Section 11 “Dispute Resolution”; (iii) Section 12 “Judicial Forum”; (iv) Section 14 “Exceptions to Arbitration; Intellectual Property Dispute”; (v) Section 15 “No Jury Trial”; and (vi) Section 16 “No Class Actions or Consolidated Actions”.

  1. Intellectual Property Rights

4.1.        Ownership

Except for the rights of use expressly granted to you in Section 4.2 “User License” of this Terms of Use STSims and its licensors retain all worldwide rights, titles, interests, including intellectual property rights in the Website and the therein offered Services, including but not limited to formats, templates, dashboards, metadata, and any modifications or improvements to these items made by STSims. You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.

Dr Stacy Sims® and Women Are Not Small Men® (in addition to all other related trade and service marks) are registered trademarks of STSims Consultants Ltd. The Website, and Services are protected by New Zealand, United States, and other foreign copyright, trademark, and other applicable intellectual property laws. By accepting these Terms of Use, you acknowledge and agree that these Terms of Use do not grant you any right, title, or interest in or to any of our copyrights, trademarks, software, or other intellectual property, and you must obtain prior written consent from us before using any of our copyrights, trademarks, software, or other intellectual property on your website or for Content.

Your use, reproduction or replication of our copyrights, trademarks, software, or other intellectual property without authorization will be considered a breach of these Terms of Use. By accepting these Terms of Use, you acknowledge and agree that any breach of this Section 4.1 may result in termination of your User Account, restriction of access to our Website and Services pursuant to Section 3.2 “User Account Termination”, and the pursuit of injunctive or equitable relief under New Zealand, United States, or other foreign laws to prevent any further breaches by you of this Section 4.1.

4.2.        User License

Subject to your compliance with these Terms of Use, STSims grants you a limited, personal, non-transferable, non-exclusive, revocable right to use and/or access our Website and Services (“User License”). Your User License terminates upon cancellation, termination of your User Account or after three years from when you first gained access to our pre-recorded online courses.

By accepting these Terms of Use, you acknowledge and agree not to reproduce, replicate, distribute, create derivative works, publicly display, publicly perform, sell, license, and/or resell any Content, software, hardware, and/or services obtained through your use of our Website or Services, without our expressed prior written consent.

4.3.        User Content

By using our comment section and/or forum you grant us a non-exclusive, royalty-free, transferable, sublicensable, irrevocable, perpetual worldwide license and right to use, distribute, reproduce, display and otherwise make available your User Content on and through our Website, and use your User Content for our internal research, Service development, and to conduct statistical analysis to identify trends and insights. For further information on how we process personal information, please refer to our Privacy Policy, available at www.drstacysims.com/pages/privacy-policy.

  1. Third Party Sites

Our Website, and Services may include links to third party websites and/or social networking sites. By accepting these Terms of Use, you acknowledge and agree that you will be subject to the terms and conditions of the third-party website or the social networking site when visiting it through the link available on our Website or through our Services. Unless expressly stated, STSims does not control, endorse, adopt or associate with any of the linked third-party Content and services. We bear no responsibility for third party Content and services, including but not limited to Content and services that may be misleading, incomplete, erroneous, offensive, indecent or otherwise in breach of applicable laws. Please refer to Section 9 “Limitation of Liability and Indemnity” of these Terms of Use for more information on the extent of our liability.

  1. Confidentiality

You acknowledge that, in the course of using our Website and Services, you may have access to certain non-public features or information made available by STSims that are considered Confidential Information. You agree not to directly or indirectly disclose, copy, or use any Confidential Information provided by STSims for any purpose other than necessary to access and use the Website or Services in accordance with these Terms of Use. Any such Confidential Information must be returned or destroyed once we are no longer providing the Services.

This obligation does not apply to information that:

(i) is or becomes publicly available through no fault of your own;

(ii) is lawfully obtained by you from a third party without restriction; or

(iii) is required to be disclosed by law, provided that you give us prompt notice where legally permitted.

We do not seek to receive Confidential Information from you through the Website or Services, and any information you submit (other than personal data, which is governed by our Privacy Policy) will be treated as non-confidential.

This Section survives termination or expiration of these Terms of Use.

  1. Disclaimers

BY ACCEPTING THESE TERMS OF USE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT: (I) STSIMS DOES NOT PROMISE THAT OUR WEBSITE, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE OR THE SERVICE WILL PROVIDE SPECIFIC RESULTS; (II) OUR WEBSITE, AND SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS; (III) ALL INFORMATION PROVIDED ON OUR WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE; (IV) STSIMS DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (V) STSIMS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, CONDUCT, AND CONTENT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF OUR WEBSITE, OR SERVICES.

By accepting these Terms of Use, you hereby acknowledge and agree that the disclaimers in this section apply to any damages, liability, or injuries of any kind, including without limitation any indirect, incidental, special, consequential, exemplary, or punitive damages (including loss of profits, data, or goodwill), as well as any personal injury, adverse health outcome, or bodily harm arising from your use of or reliance on our Website, or Services. These disclaimers apply regardless of the cause, including any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, communication line failure, unauthorized access to or alteration or destruction of your data, and whether arising under breach of contract, tort, negligence, or any other legal theory. Nothing in this Section 7 excludes, restricts, or limits any liability, right, remedy, or consumer guarantee that cannot lawfully be excluded, restricted, or limited under applicable law, and this clause is intended to be interpreted accordingly.

By accepting these Terms of Use, you hereby acknowledge and agree that STSims reserves the right to do any of the following, at any time, at its sole discretion  and without prior notice to you: (i) to modify, suspend or terminate operation of or access to our Website, or Services, or any portion thereof, for any reason; (ii) to modify or change our Website, or Services, or any portion thereof, and any applicable policies or terms; and (iii) to interrupt the operation of our Website, or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

By accepting these Terms of Use, you hereby acknowledge and agree that our Website may contain links to Third-Party Sites. These linked Third-Party Sites are provided solely as a convenience to you and do not constitute endorsement, approval, or recommendation by STSims of any Third-Party Site or any Content, product, or service available thereon. You hereby further acknowledge and agree that, once you have used these links to leave our Website, STSims does not have any control over any Third-Party Site and STSims is not, and will not be, responsible for the protection and privacy of any information that you provide while visiting such Third-Party Sites. Such Third-Party Sites are not governed by these Terms of Use or the Privacy Policy. You should exercise caution and review the privacy policy applicable to the Third-Party Site in question. To the maximum extent permitted by applicable law, you hereby waive any and all claims, liabilities, or damages of any kind arising out of or connected with your access to or use of any Third-Party Site.

By accepting these Terms of Use, you hereby acknowledge and agree that (i) STSims works with Third-Party advertisers, sponsors, and affiliate partners, and that certain Content on our Website may be sponsored or financially supported by such parties; (ii) if you access our Website as a result of viewing, clicking on, or otherwise interacting with, a STSims advertisement on a Third-Party Site, we are not responsible for the protection and privacy of any information that is collected by such Third-Party Site; (iii) the existence of any advertising, sponsorship, or affiliate relationship does not constitute STSims’ professional endorsement or clinical recommendation of any advertised product or service;  (iv) to the fullest extent permitted by applicable law, you hereby waive any claim against STSims  for any and all claims, damages or liabilities of any kind arising out of or connected with your interaction with or exposure to any such advertisement.  you may incur as a result of clicking on, or otherwise interacting with, a STSims advertisement on such Third-Party Site.

  1. Medical Disclaimer

Stacy Sims holds a Master of Science degree in Exercise Physiology and a Ph.D. in Environmental Exercise Physiology and Sports Nutrition. SHE DOES NOT HOLD A MEDICAL DEGREE. SHE IS NOT A MEDICAL DOCTOR OR LICENSED PHYSICIAN. The information provided on our Website, Services, and any other Content published or distributed thereon is for general informational and educational purposes only and is not intended as, nor should it be considered a substitute for, professional medical advice, diagnosis, or treatment. Your use of our Website, Services, and any Related Features, Content, or Services does not create a doctor-patient, clinician-patient, or any other professional healthcare relationship between you and STSims nor Dr. Stacy Sims, individually.

Our Website, and Services, as well as any and all Content thereon, may not be appropriate for all individuals, including those with pre-existing medical conditions, injuries, pregnancy, postpartum recovery, eating disorders, or other specific health circumstances. Such individuals are strongly encouraged to consult a qualified healthcare professional before acting on any information provided. Reliance on any information provided on our Website or in our Services is solely at your own risk.  If you think you may have a medical emergency, call your doctor or emergency services immediately.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT, OR BEFORE BEGINNING ANY NEW EXERCISE, NUTRITION, OR WELLNESS PROGRAM. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR ACCESSED THROUGH OUR WEBSITE, OR SERVICES.

Individual results will vary. Without limiting the foregoing, STSims makes no warranty that our Website, or Services will produce any specific health, fitness, or nutrition outcome, including without limitation weight loss, improved athletic performance, hormonal balance, or any other health benefit.

  1. Limitations of Liability and Indemnity

We cannot predict when issues may arise with our Website or Services. Accordingly, by accepting these Terms of Use, you hereby acknowledge and agree that STSims reserves the right to do any of the following, at any time, with or without notice and at its sole discretion: (i) to modify, suspend or terminate operation of or access to our Website, or Services, or any portion of our Website, or Services, for any reason; (ii) to modify or change our Website, or Services, or any portion of our Website, or Services, and any applicable policies or terms; and (iii) to interrupt the operation of our Website, or Services, or any portion of our Website, or Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Where STSims permanently discontinues any paid Service, we will use commercially reasonable efforts to provide advance notice and, where applicable, to offer a pro-rated refund or account credit for any prepaid and unused portion, at our sole discretion.

BY ACCEPTING THESE TERMS OF USE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL WE BE LIABLE TO YOU FOR ANY LOST PROFITS, REVENUES, INFORMATION, OR DATA, OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, OUR WEBSITE, OR SERVICES (HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, STSIMS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR RELIANCE ON ANY HEALTH, FITNESS, NUTRITION, OR WELLNESS INFORMATION PROVIDED THROUGH OUR WEBSITE, OR SERVICES, INCLUDING ANY PERSONAL INJURY OR ADVERSE HEALTH OUTCOME.

By accepting these Terms of Use, you hereby acknowledge and agree that STSims is not liable or responsible to you, nor will be deemed to have defaulted under or breached these Terms of Use, for any failure or delay in fulfilling or performing any term of these Terms of Use when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events: (i) acts of God; (ii) flood, fire, earthquake or explosion; (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (iv) government order or law; (v) actions, embargoes or blockades in effect on or after the creation of your account; (vi) action by any governmental authority; (vii) national or regional emergency; (viii) strikes, labor stoppages or slowdowns or other industrial disturbances; (ix) epidemic, pandemic or similar viral or bacterial infection that may cause global outbreak, or pandemic, or serious illness; (x) emergency state; (xi) shortage of adequate medical supplies and equipment; (xii) shortage of power or transportation facilities; and (xiii) other similar events beyond the reasonable control of STSims.

BY ACCEPTING THESE TERMS OF USE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, STSSIMS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF OUR WEBSITE, OR SERVICES, STSIMS’ LIABILITY SHALL IN NO EVENT EXCEED AMOUNT PAID WITHIN THE PRECEEDING TWELVE (12) MONTHS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE AND SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

By accepting these Terms of Use, you hereby acknowledge and agree that that you have a duty to mitigate any damages incurred by you relating to the use of our Website, and Services and that you will use reasonable efforts to minimize any damages you may incur as a result of STSims’ actions or inactions under these Terms of Use. You further agree that any failure to mitigate damages on your part shall be taken into account in assessing the extent of STSims’ liability, if any, and may reduce or extinguish any damages recoverable by you.

By accepting these Terms of Use, you hereby acknowledge and agree that, to the extent allowed by applicable law, you will indemnify and hold harmless STSims and its directors, officers, agents, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of our Website, or Services or violation of these Terms of Use. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.

  1. Unsolicited Sensitive Personal Information and Limitation of Liability

We do not request, require, or intentionally collect Sensitive Personal Information (including special categories of personal data under Art 9 GDPR or Sensitive Personal Information under US federal and state law).

If you choose to voluntarily provide such information to us, including through free-text fields, communications, or other interactions not specifically designed to collect such data, you acknowledge that you are doing so at your own discretion and for your own purposes.

To the fullest extent permitted by applicable law, we disclaim responsibility for the submission of Sensitive Personal Data that we have not requested, including where such data is not necessary for the provision of our Services.

For further information please refer to Section 3 “How We Handle Unsolicited Sensitive Personal Information” of our Privacy Policy, available at www.drstacysims.com/pages/privacy-policy.

  1. Dispute Resolution

11.1.     Informal Resolution

In the event of any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, you agree to first attempt to resolve the dispute informally by submitting a written description of the dispute to STSims at support@drstacysims.com. Negotiations shall be deemed to have commenced on the date STSims acknowledges receipt of such written notice. You and STSims shall act in good faith to reach an agreed-upon resolution within thirty (30) days of the commencement of negotiations.

11.2.     Mediation

If the parties have failed to reach an agreed-upon resolution within thirty (30) days of commencing negotiations under Section 11.1 “Informal Resolution”, any remaining dispute shall be referred to mediation by filing a written request for mediation within thirty (30) days of the expiry of the negotiation period. Mediation shall be administered by the International Centre for Dispute Resolution (AAA-ICDR) under its Mediation Rules then in effect. Mediation shall be conducted in the English language and may be conducted virtually or at a location agreed upon by the parties.

11.3.     Arbitration

If the dispute is not resolved within sixty (60) days after the filing of a request for mediation under Section 11.2 “Mediation”, any remaining dispute shall be referred to final and binding arbitration, administered by the AAA-ICDR under its International Arbitration Rules then in effect. The arbitration shall be conducted in the English language before a single arbitrator to be appointed in accordance with the AAA-ICDR International Arbitration Rules. In the event the parties are unable to reach an agreement on the sole arbitrator, the sole arbitrator shall be appointed by the AAA-ICDR. The seat of arbitration shall be Auckland, New Zealand. Hearings may be conducted virtually, in Auckland, New Zealand, or at any other location deemed appropriate by the arbitrator. The governing law of the dispute shall be the laws of New Zealand, without regard to its conflict of laws principles. The arbitration proceedings and any award shall be kept strictly confidential by both parties, except to the extent disclosure is required by applicable law or necessary to enforce or challenge an award before a court of competent jurisdiction. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.4.     Opt-Out

You can opt-out of the requirement to arbitrate disputes under these Terms of Use by contacting us at support@drstacysims.com within thirty (30) days from the date you first became subject to this arbitration provision (i.e., the date you initially accepted these Terms of Use). Should you not opt out of the requirement to arbitrate disputes under these Terms of Use within such thirty (30)-day period, you shall be bound by Section 11.3. “Arbitration”.

  1. Judicial Forum

By accepting these Terms of Use, you hereby acknowledge and agree that in the event that the mandatory arbitration clause under Section 11 “Dispute Resolution” is found unenforceable, any judicial proceeding to resolve disputes arising out of or relating to these Terms of Use shall be exclusively brought in the courts of New Zealand. Nothing in this Section prevents either party from seeking relief in a court of competent jurisdiction where required by applicable law.

  1. Governing Law

These Terms of Use (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of New Zealand, except for its conflict of laws principles. However, some countries have laws that require agreements to be governed by the local laws of the consumer’s country, and this Section 13 does not override those laws and requirements. Nothing in this Section 13 limits or excludes any rights you may have under mandatory consumer protection laws in your country of residence that cannot lawfully be excluded or limited.

  1. Exceptions to Arbitration; Intellectual Property Dispute

Notwithstanding your agreement in Section 11 “Dispute Resolution” above to resolve all disputes through informal negotiation, mediation, and, if applicable, arbitration, by accepting these Terms of Use, you hereby acknowledge and agree that STSims may bring an action, validity determination, or claim arising from or relating to theft, piracy, infringement, or unauthorized use of intellectual property in either an appropriate United States District Court, the United States Patent and Trademark Office, or the courts of New Zealand to protect its IP Rights.

  1. No Jury Trial

BY ACCEPTING THESE TERMS OF USE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT, ABSENT THE MANDATORY DISPUTE RESOLUTION PROCEDURES IN SECTION 11 “DISPUTE RESOLUTION” ABOVE, YOU MAY HAVE HAD THE RIGHT TO SUE IN COURT AND TO HAVE YOUR CLAIMS HEARD BY A JURY. BY AGREEING TO THESE TERMS OF USE, YOU ARE EXPRESSLY WAIVING ANY RIGHT TO A JURY TRIAL.

  1. No Class Actions or Consolidated Actions

By accepting these Terms of Use, you hereby acknowledge and agree that all claims and disputes within the scope of these Terms of Use must be brought on an individual basis only, and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or mass arbitration action. Claims of two or more users may not be joined, consolidated, or otherwise brought together in any proceeding without the prior written consent of STSims in its sole and absolute discretion.

  1. General Terms

17.1.     Amendments

STSims may amend these Terms of Use at any time in our sole discretion by posting a revised version at https://www.drstacysims.com/pages/terms. We will use reasonable efforts to provide advance notice of any material changes, which will include specifying a future effective date where practicable. The amended Terms of Use become effective immediately when published on our Website and apply to all use and access of our Website and Services thereafter. Any changes will not apply retroactively to disputes or purchases made prior to the effective date, unless required by law or expressly accepted by you. Your continued use and access to our Website and Services after the publication of the amended Terms of Use constitutes your acknowledgment and agreement to the amendments.

If you do not agree with any modification to the Terms of Use, you may cancel your membership subscription plan pursuant to Section 3.1 “Subscription Cancellation” at any time and terminate your User Account at any time by deleting it through our Website.

17.2.     Third Party Rights

These Terms of Use create no third-party beneficiary rights. You may not assign any of your rights under these Terms of Use, and any such attempt will be void from the outset.

17.3.     Transfer of Rights

STSims may assign its rights to any of its affiliates, subsidiaries, or to any successor in interest.

17.4.     Waivers

Our failure to insist upon strict compliance with any provision of these Terms of Use or the failure to assert any right we may have under these Terms of Use, including, without limitation, the right of STSims to terminate your account, shall not be deemed to be a waiver of such provision or right or any other provision or right of these Terms of Use.

You may not rely on the words or conduct of STSims or its officers, employees, affiliates or subsidiaries as being a waiver of any right, power or remedy arising under or in connection with these Terms of Use including, without limitation, our right to terminate your account, unless we expressly grant a waiver of the right, power or remedy. Any waiver by STSims must be in writing, signed by us, and is only effective to the extent set out in that waiver.  

17.5.     Data Privacy

These Terms of Use incorporate by reference our Privacy Policy and Cookies Policy, which can be accessed at www.drstacysims.com/pages/privacy-policy and www.drstacysims.com/pages/cookie-policy. In the event of any conflict between these Terms of Use and the Privacy Policy or Cookies Policy, these Terms of Use will supersede, except to the extent that the Privacy Policy or Cookies Policy expressly governs specific rights or obligations related to personal data, in which case those provisions will prevail with respect to such matters.

17.6.     Severability

If any provision of these Terms of Use is held, in whole or in part, to be invalid, unlawful, void or unenforceable by a court of competent jurisdiction, such provision or its part will be deemed severed from these Terms of Use. The remaining provisions shall be valid and enforceable. Parties shall negotiate, in good faith, a substitute, valid and enforceable provision which most nearly effects Parties’ intent in entering these Terms of Use.

  1. Definitions
    • Confidential Information means any non-public, sensitive, or proprietary information disclosed by STSims or you in connection with our Website and Services that is intended to be kept private or is reasonably understood to be confidential.
    • Content means any information, data, material, or media that is created, uploaded, shared, or otherwise made available.
    • IP Rightsmeans any patents, trademarks, trade secrets, copyrights, and moral rights, but not privacy or publicity rights.
    • Parties means STSims and the individuals, businesses or entities that are legally bound by these Terms and Use (e., you and us).
    • Personal data means identifiable data about you, for example your name, email, address, telephone number.
    • Related Features, Content, or Services means products and services that we may offer or provide from time to time, including books, clothing, and other merchandising items.
    • Sensitive Personal Information means Personal Data that carries a higher risk of harm if exposed, for example your social security number, health data, or your ethnic origin.
    • STSims Content means any text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, computer code, and other material or data on our Website or provided to you as part of our Services, including course materials, guides, workbooks, worksheets, brochures, emails, quizzes, articles, blog posts, e-books, and podcasts.
    • Third Partymeans any party that is not a party to these Terms of Use (e., is not you or us), and includes the plural as the context requires.
    • Third-Party Sites means any Third Party website, site or page (including social media sites and pages).
    • User means any individual, business or entity that accesses, browses, registers with, or otherwise makes use of our Website and Services, including any Related Features, Content, or Services.