Terms and Conditions 

  

Agreement between User and www.golivefit.net 

Welcome to www.golivefit.net. The www.golivefit.net website (the "Site") is comprised of various web pages operated by Live Fit LLC ("Live Fit"). www.golivefit.net is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.golivefit.net constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. 

  

www.golivefit.net is an E-Commerce Site. 

  

Live Fit provides digital wellness products and services, including membership access for Individuals and Organizations to our resources, coaching, challenges, apps, and merchandise. 

  

Privacy 

Your use of www.golivefit.net is subject to Live Fit's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. 

  

Electronic Communications 

Visiting www.golivefit.net or sending emails to Live Fit constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 

  

Your Account 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Live Fit is not responsible for third party access to your account that results from theft or misappropriation of your account. Live Fit and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 

  

Children Under Thirteen 

Live Fit does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.golivefit.net only with permission of a parent or guardian. 

  

Cancellation/Refund Policy 

 

For Organization Memberships: You may cancel your subscription at any time. Upon cancelling your subscription payment, your membership will continue until the end of your current billing period (annual or monthly). 

 

If you cancel within the first 60 days of your subscription, you are eligible to receive a refund of any subscription payments made. Refund requests can be submitted through the Refund Request form in the Organization Dashboard, or by emailing team@golivefit.net.

 

For Coaching Clients: You may cancel your subscription at any time. Upon cancelling your subscription payment, your coaching will continue until the end of your current billing period.

 

If you cancel within the first 30 days of your coaching subscription, you are eligible to receive a refund of the coaching payment made. Refund requests can be submitted through the Refund Request form in the Coaching Clients Dashboard, or by emailing team@golivefit.net.

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Live Fit Guarantee. If, once Live Fit has serviced all of the Personal Training Sessions purchased in this Agreement and the client has completed 2 workouts per week for that duration (either in-person with a Live Fit Coach or completed workouts in the Coaching App), and is unhappy with their results, they are eligible to receive a refund of all payments made for that term.

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If a client cancels before all Personal Training Sessions have been serviced, they can receive a refund of all unserviced Personal Training Sessions.

 

For Challenge Participants: All sales are final and do not qualify for a refund.

 

For Merchandise Purchases: For non-damaged items, we offer free returns and a 100% refund of your purchase price for the item. To initiate a return, please complete the Merchandise Return / Refund Form. Upon submitting the form, we will send you a return shipping label.

 

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. 

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.

 

A partial refund may be granted if any item is not in its original condition. 

  

Links to Third Party Sites/Third Party Services 

www.golivefit.net may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Live Fit and Live Fit is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Live Fit is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Live Fit of the site or any association with its operators. 

  

Certain services made available via www.golivefit.net are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.golivefit.net domain, you hereby acknowledge and consent that Live Fit may share such information and data with any third party with whom Live Fit has a contractual relationship to provide the requested product, service or functionality on behalf of www.golivefit.net users and customers. 

  

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use www.golivefit.net strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Live Fit that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

  

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Live Fit or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

  

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Live Fit content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Live Fit and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Live Fit or our licensors except as expressly authorized by these Terms. 

  

Use of Communication Services 

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. 

  

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. 

  

Live Fit has no obligation to monitor the Communication Services. However, Live Fit reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Live Fit reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. 

  

Live Fit reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Live Fit's sole discretion. 

  

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Live Fit does not control or endorse the content, messages or information found in any Communication Service and, therefore, Live Fit specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Live Fit spokespersons, and their views do not necessarily reflect those of Live Fit. 

  

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. 

  

Materials Provided to www.golivefit.net or Posted on Any Live Fit Web Page 

Live Fit does not claim ownership of the materials you provide to www.golivefit.net (including feedback and suggestions) or post, upload, input or submit to any Live Fit Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Live Fit, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. 

  

No compensation will be paid with respect to the use of your Submission, as provided herein. Live Fit is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Live Fit's sole discretion. 

  

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. 

  

International Users 

The Service is controlled, operated and administered by Live Fit from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Live Fit Content accessed through www.golivefit.net in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

  

Indemnification 

You agree to indemnify, defend and hold harmless Live Fit, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Live Fit reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Live Fit in asserting any available defenses. 

  

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 

  

Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Live Fit agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 

  

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LIVE FIT LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

  

LIVE FIT LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LIVE FIT LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIVE FIT LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIVE FIT LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

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Additional Disclaimers

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MEDICAL DISCLAIMERS

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1. Live Fit strongly recommends that you consult with your physician before beginning any exercise program. You should be in good physical condition and be able to participate in the exercise. Live Fit is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.

2. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Live Fit from any and all claims or causes of action, known or unknown, arising out of Live Fit

3. The information provided is not intended to be a substitute for professional medical advice, diagnosis or treatment.  Never disregard professional medical advice, or delay in seeking it, because of something you have read on this website.  Never rely on information on this website in place of seeking professional medical advice.

4. Live Fit is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through this site.  You are encouraged to consult with your doctor with regard to this information contained on or through this website.  After reading articles, watching videos or reading other content from this website, you are encouraged to review the information carefully with your professional healthcare provider.

 

PERSONAL DISCLAIMERS

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1. The information contained in our website, blog, guest blogs, e-mails, programs, services and/or products is for educational and informational purposes only, and is made available to you as tools for your own use. While we draw on our prior professional expertise and background in many areas, you acknowledge that we are supporting you in our roles exclusively as fitness and nutrition coaches only. We provide information concerning, but not limited to, fitness, nutrition, hydration, recovery, sleep, etc.

2. We are not medical health practitioners or mental health providers and we are not holding ourselves out to be in any capacity. Rather, we serve as coaches, mentors and guides who help you reach your own health and wellness goals.

3. We aim to accurately represent the information provided on this website, blog, e-mails, programs, services, and products. You are acknowledging that you are participating voluntarily in using our website or blog or in any of our e-mails, programs, services, and/or products, and you alone are solely and personally responsible for your results. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (born and unborn, as applicable), and all decisions now or in the future.

4. In the event that you use the information provided through our website, blog, e-mails, programs, services, and/or products, we assume no responsibility.

5. Every effort is made to ensure the accuracy of published information on or through our website, blog, e-mails, programs, services and products; however, the information may inadvertently contain inaccuracies or typographical errors. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of wellness research is constantly evolving, we cannot be held responsible for the accuracy of our content.

 

RESULTS DISCLAIMERS

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1. We make every effort to ensure that we accurately represent these products and services and their potential for results. There is no guarantee that you will experience the same results and you accept the risk that the muscle building results, fitness results, competition results and fat loss results differ by individual.

2. We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. The testimonials and examples provided are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results.

3. Each individual’s health, fitness, and nutrition success depends on his or her background, dedication, desire, and motivation. As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.

4. There is no assurance that examples of past fitness, muscle building and/or fat loss results can be duplicated in the future. We cannot guarantee your future results and/or success.  Nor can we guarantee that you maintain the results you experience if you do not continue following the program. We are not responsible for your actions.

5. The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your physique that is directly or indirectly related to the purchase and use of our information, products and services.

6. We present real world experiences and insights on other people’s experiences for purposes of illustration only.

7. The testimonials, examples, and photos used are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our program, service, and/or product capabilities, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our programs, services, and/or products.

 

ASSUMPTION OF RISK AND RELEASE OF LIABILITY

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1. Assumption of Risk. You expressly acknowledge and agree that your access, use and/or involvement with any Live Fit Products and Services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold Live Fit harmless from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any Live Fit Products and Services.

2. Nutrition Information. Certain Live Fit Services, such as nutrition plans provided with our fitness programs and online nutrition database, and access to live chats with our nutrition team, provide nutrition, food, caloric and other related information designed to help our members eat healthy to help them reach their health and wellness goals. While any nutrition information we may provide is designed to safely align with our related exercise regimens, you must consult your physician or other licensed healthcare provider (AND NOT LIVE FIT OR A LIVE FIT COACH) before beginning any nutrition plan or altering any dietary regimen, especially if you have any unique or special medical needs or conditions, such as food allergies, dietary restrictions or if you are pregnant or breast feeding. The Live Fit Services are not a substitute for professional care. If you have or suspect you may have a medical or psychological problem, or a nutritional deficiency or dietetic condition, you should consult your medical doctor, psychologist or nutritionist, as appropriate.

3. Metrics, Values and Figures Are Estimates Only. Please remember that any metrics, values and figures presented or displayed on or within the Live Fit Services are estimates only and may be inaccurate. This includes without limitation nutritional values, such as calorie, fat, protein, fiber, and other related values, and equipment-related values, such as heart rate, cadence, resistance and any other related values. You must only use such metrics, values and figures for general reference only and always consult your physician or other licensed healthcare provider for necessary or appropriate care and advice.

4. Safety Warnings. Live Fit provides safety warnings, along with care and use instructions for certain exercises, products and services. You must always carefully read and follow all such warnings and instructions prior to beginning any exercise, or use of any equipment, products or services. Failure to read and follow any applicable warnings and instructions could result in serious injury and/or death to you and others. 

5. Age Restrictions. You must always adhere to any minimum age restrictions and limitations related to any Live Fit Services.

  

Termination/Access Restriction 

Live Fit reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Iowa and you hereby consent to the exclusive jurisdiction and venue of courts in Iowa in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

  

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Live Fit as a result of this agreement or use of the Site. Live Fit's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Live Fit's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Live Fit with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

  

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Live Fit with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Live Fit with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

  

Changes to Terms 

Live Fit reserves the right, in its sole discretion, to change the Terms under which www.golivefit.net is offered. The most current version of the Terms will supersede all previous versions. Live Fit encourages you to periodically review the Terms to stay informed of our updates. 

  

Contact Us 

Live Fit welcomes your questions or comments regarding the Terms: 

  

Live Fit LLC 

6310 Merle Hay Rd Unit 308 

Johnston, Iowa 50131 

  

  

Email Address: 

team@golivefit.net 

  

Telephone number: 

515-770-4853 

  

Effective as of November 10, 2021