Privacy Policy & Terms & Conditions

Jen's Get Fit

Privacy Policy

Last updated: December 2020

This Privacy Policy describes our policies and procedures on collecting, using, and disclosing your information when you use our services and tells you about your privacy rights and how the law protects you.

Definitions for this Privacy Policy:

Account means an individual account created for you to access our services.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Jens Get Fit Group, LLC, a Missouri limited liability company.

For the GDPR, the Company is the Data Controller.

Cookies are small files placed on your computer, mobile device, or any other device you use when visiting a website. It contains details of your browsing history on that website.

Country refers to the United States of America.

Data Controller, for the GDPR (General Data Protection Regulation), refers to the Company as the legal person who alone or jointly with others determines the purposes and means of the processing of Personal Data.

Device means any device that can access our services, such as a computer, a cellphone, or a digital tablet.

Our Facebook page is a private invite-only profile named Jen’s Get Fit Group created explicitly by the Company on the Facebook social network, accessible from https://www.facebook.com/jens.get.fit.group.

Personal Data is any information that relates to an identified or identifiable individual.

For GDPR, Personal Data means any information relating to you such as a name, an identification number, location data, online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity.

Services refer to the Website.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the services, provide the Services on behalf of the Company, perform services related to the Service, or assist the Company in analyzing how it is used. For the GDPR, Service Providers are considered Data Processors.

Third-party Social Media Service refers to any website or any social network website through which a user can log in or create an account to use the Service.

Usage Data refers to data collected automatically, either generated by the Service or the Service infrastructure itself (for example, the duration of a page visit).

The Website refers to Jen’s Get Fit Group, accessible from https://www.jensgetfit.com/.

You means the individual accessing or using the Service, or the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or User. You are the individual using the Service.

Who we are

Our website address is https://jensgetfitgroup.com.

What personal data we collect and why we collect it

  • Comments: When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
  • An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
  • Media: If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
  • Contact forms
  • Cookies
  • Analytics

If you leave a comment on our site you may opt-in to saving your name, email address, and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

We use your data to provide and improve your experience on our site. By signing the membership agreement and using our services, you agree to us collecting and using that information according to this Privacy Policy.

You can instruct Your browser to refuse all Cookies. However, if You do not accept Cookies, You may not be able to use some parts of our Services.

Collecting and Using Your Personal Data

Types of Data Collected

  • Personal Data. While using Our Service, We may ask you to provide us with specific, personally identifiable information that can be used to contact or identify you. Personally, identifiable information may include, but is not limited to:
  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City

For users that register on our website, we also store your personal information that you provide in your user profile. You can see, edit, or delete your personal information at any time (except changing your username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Terms and Conditions

Last updated: December 2020

Interpretation and Definitions

Definitions

For these Terms and Conditions:

Account means an individual account created for You to access our Service or parts of our Service.

Country refers to Columbia, Missouri, the United States of America.

Company (referred to as either “the Company,” “JGFG,” “We,” “Us,” or “Our” in this Agreement) refers to Jen’s Get Fit Group, LLC, a Missouri limited liability company.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that Content.

Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.

Goods refer to the items offered for sale on the Service.

Orders mean a request by You to purchase Goods from Us.

Promotions refer to contests, sweepstakes, or other promotions offered through the Service.

Service refers to the Website.

Terms and Conditions (referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or Content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.

Website refers to Jen’s Get Fit Group www.jensgetfitgroup.com. 

You means the individual accessing or using the Service, or the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

These Terms and Conditions include both the Terms of Use and Terms of Sale that apply to the Service.

Acknowledgment

These are the Terms and Conditions governing this Website’’s use and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Access and use of the Website are conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Website, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Website.

Your access and use of the Service is also conditioned on Your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes Our policies and procedures on collecting, using, and disclosing Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

The Service is offered and available to users who are eighteen (18) years or older. By using the Service, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all the eligibility requirements. If You don’t meet all of these requirements, You must not access or use the Service.

Terms of Use

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Service, and any service or material We provide on the Website, in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

User Accounts

When You create an account with Us, You must provide Us with accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Website. You are responsible for safeguarding the password You use to access the Service and any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree not to disclose Your password to any third party. You must notify us immediately upon becoming aware of any breach of Your account’s security or unauthorized use. You may not use the name of another person or entity as a username, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Your Information

If You wish to place an Order for Goods available on the Website, We may request to supply certain information relevant to Your Order, including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or another payment method (s) in connection with any Order; and that (ii) the information You supply to us is accurate, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties to facilitate the completion of Your Order.

Intellectual Property Infringement

We respect the intellectual property rights of others. Our policy is to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) will remain the exclusive property of the Company and its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms and Conditions permit you to use the Service for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Service. If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms and Conditions, Your right to use the Service will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Service or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company Trademarks, The Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by Us, may harm the Company or users of the Service, or expose them to liability.
Additionally, you agree not to:
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Service.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Geographic Restrictions

The owner of the Website is based in the State of Missouri in the United States. We provide this Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

For the European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the Country’s law in which You are resident.

The United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or the United States government has designated that as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Health and Safety

Physician Approval: It is recommended that all members acquire clearance from their personal physician before beginning this exercise program. You participate and use the Service at Your risk. In the event that You are pregnant, You will not participate in any of Company’s workouts until You have discussed the potential risks to both You and Your unborn child with Your obstetrician. You agree that You will follow Your obstetrician’s recommendations and on behalf of Yourself, Your heir, spouse or other interested party hold harmless Company for any possible injury to Yourself or Your unborn child. You will notify Company of Your pregnancy immediately, so modifications based on Your obstetrician’s recommendations and restrictions can be provided. No Medical Care: The Service is intended only to assist You with Your efforts to lose and manage weight, live a healthy lifestyle, and achieve lifestyle related goals through making lifestyle related choices and lifestyle change. The Service is not health care services. Company and Company coaches and staff do not give medical advice or diagnosis. No information provided on the Website may be construed as medical advice or diagnosis. Additionally, the information and reports generated by Company in providing the Service may not be interpreted as a substitute for physician consultation, evaluation, or treatment. You acknowledge that Company has advised You to seek the advice of a physician before beginning this exercise program Waiver: In consideration of using the Services, You, Your heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Company, and/or their owners, directors, officers, employees, and agents from liability from any and all claims including the negligence of Company resulting in personal injury, humility, accidents or illnesses (including death), property damage, and financial loss arising from, but not limited to, participation in activities, training sessions, observation, workout videos, use of fitness equipment, and suggested health and fitness products and recipes. Assumption of Risk: Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Company provides services and activities typically categorized as HIIT training, which includes free weights, body weight, and cardio. This can involve strenuous exertions of the cardiovascular system and muscular strength using various muscle groups. In addition, You fully understand that at any time during the physical activity, We may give instructions and suggestions on correct form and how to improve your technique. If You wish to not adhere to these suggestions, You will inform Us or will not take part in the services provided by Company. You will never force or strain during exercise and will consult a physician immediately upon experiencing any pain or discomfort. You have read the assumption of risk section and you know, understand, and appreciate these and other risks that are inherent in the activities, services and suggestions made possible by Company and hereby assert that your participation is voluntary and that you knowingly assume all such risks. Indemnification: Member recognizes that there are hazards and risks, therefore You agree to indemnify Company, its officers, directors, employees, stockholders, agents and representatives against any loss, damage, or expense incurred by reason of any claim or liability based upon personal injury (including death) or property damage arising as a result of, or in connection with, or us of the Service. Notification of Health Concerns: If You choose to become a Member of Company, by participating in the Services, You warrant and represent that You have no disability, impairment, or ailment preventing You from engaging in active or passive exercise, or that will be detrimental or adverse to Your health, safety, or physical condition if You do so engage or participate. It is Your responsibility to notify Company of any medical conditions or recurring injuries that We should be made aware of.

Terms of Sale

All purchases through the Website for the sale of goods and/or services, or resulting from visits made by you, are governed by the Terms of Sale Section of these Terms and Conditions. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

Placing Orders for Goods

By placing an Order for Goods through the Website, You warrant that You are legally capable of entering into binding contracts. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.    YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

Order Acceptance and Cancellation

You agree that Your order is an offer to buy, under these Terms, all products and services listed in Your order. All orders must be accepted by Us or We will not be obligated to sell the products or services to You. We may choose not to accept orders at our sole discretion, even after We send you a confirmation email with your order number and details of the items You have ordered. Once an order is placed, the order cannot be cancelled or modified in any way.

Availability, Errors, and Inaccuracies

We are continually updating Our offerings of Goods on the Website. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices and Payment Terms

All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in Your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in Your order confirmation email. We strive to display accurate price information, however We may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.   Terms of payment are within Our sole discretion and payment must be received by Us before Our acceptance of an order. You represent and warrant that (i) the credit card information You supply to us is true, correct and complete, (ii) You are duly authorized to use such credit card for the purchase, (iii) charges incurred by You will be honored by your credit card company, and (iv) You will pay charges incurred by You at the posted prices, including shipping and handling charges and all applicable taxes. All transactions conducted through Company are handled by a dedicated third party to ensure your information is secure. Card information is not stored, and all card information is handled by the third party. Please read the Terms and Conditions for the third party, as they are responsible for the transactions made.

Shipments; Delivery; Title and Risk of Loss

General: Business days shall mean Monday through Friday: Holidays, Saturdays, and Sundays are not included. All items in an order will be shipped to one address, orders cannot be split and shipped to different addresses. Order Processing: Order processing time will vary between Three (3) and Five (5) Business Days. If we are experiencing a high volume of orders, shipments may be delayed a few days. Please allow additional days in transit for delivery.  Order shipping: Orders ship on Business days only. You will pay all shipping and handling charges specified during the ordering process. Orders are shipped via USPS and delivery is typically in one (1) to five (5) business days. Shipping dates are estimates only and cannot be guaranteed. Company is not liable for any delays in shipments.  Title and Risk of Loss: Title and risk of loss pass to you upon our transfer of the products to the carrier. Once the Company delivers the order to USPS, You will be responsible for talking with USPS regarding any shipping delays or issues that arise.  Pre-Orders: If an item is sold as a “pre-order” the item will be received by the Company two (2) weeks from the date the pre-order closes, not from the date the item is ordered. Once Company has the items, Company will have the standard order processing time of three (3) to five (5) days prior to shipping the order. International Shipping: All prices are shown in US Dollars. For conversion, we recommend using a Currency Converter. Any import duties, tariff, taxes, or brokerage fees, etc. due at the time of delivery are the sole responsibility of the receiving customer. Shipping times may take longer than the standard shipping time.

Return Policy

Merchandise Purchases: There are no refunds, returns, or exchanges on merchandise purchases once purchased by You. Once an order is placed it cannot be changed or modified in any way Defective Merchandise: You must email Company at merch@jensgetfit.com, within 5 days upon delivery date, per tracking number, to be able to receive assistance on defective items, must include a picture of packaging to qualify for any return upon Company’s discretion.  Membership Purchases: There are no refunds on Membership Purchases once a purchase is made. However, if a Member signs up for multiple memberships pertaining to the same month, for any reason, the extra membership can either be 1) added to the succeeding month or 2) refunded for a five ($5) dollar fee.

Membership Cancellation Policy

Non-Recurring Memberships: Non-recurring memberships cannot be cancelled, nor will any refunds be issued once purchased.  Recurring Memberships: In order to cancel a recurring membership, You must notify Company via email (help@jensgetfit.com), no later than Five (5) Business days prior to the membership renewal date. If You fail to notify Company at least Five (5) Business Days prior to the membership renewing, billing cannot be stopped, and You will be charged for another month of membership that cannot be cancelled or refunded. If Your recurring plan fails, for any reason, You have twenty-four (24) hours from the cancellation notification email to re-sign up with a new payment method. If the You fail to re-sign up within the twenty-four (24) hour period, Your access will be removed until updated with a new payment method. 

Payments

Payment cards (credit cards or debit cards) are subject to Your card issuer’s validation checks and authorization. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Promotions

Any Promotions made available through the Website may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the restrictions for a Promotion conflict with these Terms, the Promotion rules will apply.

General Terms and Conditions: 

 Disclaimer of Warranties

You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Service.

Assignment 

You will not assign any of Your rights or delegate any of Your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this is null and void. No assignment or delegation relieves You of any of Your obligations under these Terms.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company. Suppose for any reason such assignment is ineffective. In that case, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Force Majeure

We will not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms, for any failure or delay in Our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, lockouts, strikes or other labor disputes (whether or not relating to our workforce), plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the Content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. 

Governing Law

All matters relating to the Website and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri.  Although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Disputes Resolution

If You have any concern or dispute about the Website, You agree to try to resolve the dispute informally by contacting the Company.

Severability and Waiver

No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. The remaining provisions will continue in full force and effect.

Entire Agreement

The Terms and Conditions, our Privacy Policy, and Membership Agreement (if a paying member) constitute the sole and entire agreement between you and Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Changes to These Terms and Conditions

At Our sole discretion, we reserve the right to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide notice when any new terms take effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Contact Us

If You have any questions about these Terms and Conditions, You can contact us:

By email: help@jensgetfit.com