TERMS OF USE

Terms Of Use

 

Welcome to the website and/or mobile application: Mobile application, “Gifted Fitness”, operating under the business name “Gifted Fitness LLC” on GiftedFitness.net and “Gifted Fitness LLC” for Fitness Training and/or Meal Planning Recommendations. This agreement sets forth the terms and conditions under which you purchase the goods and/or services displayed on this website and/or mobile application. Gifted Fitness LLC provides goods and/or services for you subject to the terms and conditions set forth in this agreement. When you use any service of the website, such as Customer Reviews, you are subject to all the terms and conditions pertinent to the agreement by this reference. Gifted Fitness LLC reserves the right to change the terms and conditions at any time. Any conducts on GiftedFitness.net and/or the mobile application “Gifted Fitness” indicates that you agree with all terms and conditions in this agreement. Please read the agreement carefully.

 

 

 

Use of the site and/or mobile application

You affirm that you are at least 18 years of age or you are under the supervision of a parent or guardian when visiting/utilizing the site and/or mobile application. You affirm that you understand that the site and/or mobile application hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the site and/or mobile application by displaying it on your internet browser only with the purpose of shopping for items and/or services sold on the site. The use of information, illustrations, documents, photos or images by you or someone authorized by you is strictly prohibited and you as well as the person authorized will have their privileges revoked immediately without notice. You affirm that information, illustrations, documents, photos or images not owned by Gifted Fitness LLC was obtained with permission and you must obtain permission for personal or commercial use. You shall not misuse this site and/or mobile application which includes writing, modifying, distributing, leasing, selling, displaying, transmitting, reproducing, undoing, etc. without written permission from the owner of Gifted Fitness LLC. Without written permission, you shall not upload, sell, distribute or publish any products, content, information, photos, images or other material through the site and/or mobile application that

  1. Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other propriety rights of any person;

  2. Is defamatory, threatening, slanderous, obscene, indecent, pornographic, or could give rise to civil or criminal liability under U.S. or international law; or

  3. Includes any bugs, viruses, worms, trap doors, trojan horses, or other harmful code or properties.

The site and/or mobile application permits you create a username and password or sign in using your social media account. Each time you sign in using your email, password or social media account, you shall be deemed to be authorized in a manner consistent with the terms and conditions of the agreement. You give permission to and understand that the owner of Gifted Fitness LLC shall see or access your account on GiftedFitness.net and/or the mobile application, "Gifted Fitness", when necessary using your username and/or email and password excluding your social media account. Your email may be used for sending marketing emails. Your account shall only be accessed by the owner of Gifted Fitness LLC to see or modify your information regarding an order, purchase, scheduled appointment or to update information given by you to the owner of Gifted Fitness LLC. You are solely responsible for the use of the username, password and social media account used to create an account on the site and/or mobile application. You are solely responsible for protecting the security and confidentiality of the username, email, password and/or any identification assigned to you. This responsibility includes the use of your social media account where applicable. You shall immediately notify the owner of the site and/or mobile application of any unauthorized use of your username, email, password or social media account or any other breach or threatened breach of the site’s or mobile application’s security.

 

Comments and Reviews

Except for elsewhere in the agreement, the site and/or the mobile application and/or its affiliates, any content you submit and/or provide Gifted Fitness LLC, including without limitation, ideas, know-how, techniques, suggestions, questions, reviews, recommendations and comments is and shall be treated as non-confidential and non-proprietary, and Gifted Fitness LLC shall have royalty-free, worldwide, perpetual, irrevocable, and transferable rights to use, copy, distribute, display, publish, perform, sell, lease, transmit, translate, modify, create derivative works from such contents by any means and in any forms. All the contents automatically become the sole and exclusive property of Gifted Fitness LLC and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by Gifted Fitness LLC. Once submitting or posting, you agree to the irrevocable license of the entry and all IP rights (excluding the moral rights such as authorship right) related to the site and/or mobile application without charge. 

You affirm that any contents you submit, in whole or in part, are clear and free of any IP right infringement, disputes or third-party claims. Gifted Fitness LLC assumes no liability for any misuse of copyright or any other rights of third parties. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.

In addition to the rights applicable to any submission, when you publish comments or reviews to the GiftedFitness.net site, mobile application, social media accounts of Gifted Fitness LLC which includes emails, Gifted Fitness LLC has the right to use the name in your contents or in connection with such reviews, comments, or other contents. You shall not use a false email address or account, pretending to be someone other than yourself, or mislead the site or third parties as to the origin of any contents. The site and or mobile application will not be obligated to remove or edit any such contents (including comments or reviews) for any reason.

 

 

 

 

Intellectual Property

All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names and other contents on the website of GiftedFitness.net and/or the mobile application, “Gifted Fitness” (collectively, “Content”), belongs exclusively to GiftedFitness.net and/or the mobile application “Gifted Fitness” or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the content or otherwise dispose of any of the content in any way without Gifted Fitness LLC's prior written consent and giving Gifted Fitness LLC's acknowledgment. The use of data mining, robots, or similar data gathering and extraction tools on GiftedFitness.net and/or the mobile application “Gifted Fitness” as well as the use of Gifted Fitness LLC trademarks or service marks in meta-tags is strictly prohibited. You may view and use the content only for your personal information and for shopping, ordering on the site, making appointments and for no other purpose. If you happen to come across any of our content hosted on a third-party site, please contact Gifted Fitness LLC at: 1GiftedFitness@gmail.com. Violators will be prosecuted to the fullest extent of the law.

 

 

 

Privacy Policy

Please review Gifted Fitness LLC's privacy policy which also governs your visit to the site and/or mobile application to understand our practices.

 

 

 

Order Acceptance

There may be certain orders that Gifted Fitness LLC are unable to accept and must cancel. Gifted Fitness LLC reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your orders being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or price information, or a debit/credit card that will not process a payment. If your debit/credit card was stolen or used by an unauthorized user, you shall contact Gifted Fitness LLC immediately to inquire about the order. You shall be contacted if all or any portion of your order is cancelled or if additional information is required to accept your order. 

 

 

 

Risk Of Loss/Shipping

Gifted Fitness LLC will usually ship the product in 1-4 business days after receiving a cleared payment from the buyer. If the product will take longer to ship, the buyer shall be notified. Products are shipped via USPS only. USPS offers insurance that will cover up to $50 if the product is lost or damaged. The buyer shall be provided tracking once the package is considered shipped.

 

 

 

Cancellations/Refunds/Returns

The buyer shall cancel a good(s)/product(s) order before being shipped and handled to receive a full refund. If the product is considered shipped, the buyer must return the unopened package for a full refund. The product shall only be returned for an exchange at no charge if the product was damaged while in possession of the package carrier in which Gifted Fitness LLC shall be notified immediately. 

Shall the client need to cancel any scheduled single service, he/she must notify Gifted Fitness LLC at least one (1) hour in advance. Shall the client need to leave twenty (20) minutes or more into a single service, the payment for the service shall not be refunded. Shall the client need to leave nineteen (19) minutes or less into the single service, the client’s payment for that service will be refunded or carried over to another single service scheduled by Gifted Fitness LLC and/or the client(s). If a single service must be cancelled by Gifted Fitness LLC, Gifted Fitness LLC will do so at least thirty (30) minutes prior to the start time of the single service or the client will receive a complimentary single service for his/her inconvenience. The complimentary single service must be used within thirty (30) days of the date of the cancelled single service. After thirty (30) days, the offer of a complimentary single service will expire. 

Purchased multiple services and/or mobile application services may be cancelled within
three (3) business days after the day the contract was signed by the purchaser for a refund of 50% of the monies paid for the multiple services and/or mobile application due to the time and labor invested. Purchased single and multiple services must be cancelled at least 24
hours in advance otherwise the client will be charged 50% of the cost of a single service due
to the time and labor invested in the service that was cancelled. The fee may or may not be charged at Gifted Fitness LLC's discretion.

 

 

Links

GiftedFitness.net or the mobile application, "Gifted Fitness" may contain links to other sites on the internet that are owned and operated by third parties. Gifted Fitness LLC is not responsible for the operation of those third parties or contents located on or through any such parties.

 

 

 

Dispute

Any dispute from your use of this website or arising out of such use of the website is subject to the laws in United States.

 

 

 

Disclaimer And Limitation Of Liability

Gifted Fitness LLC and its members are not a Licensed Physicians, Doctors, Nutritionists, Dieticians, etc. Gifted Fitness LLC provides fitness and meal planning recommendations, tips, etc. based on research, education and their opinions. It is your sole responsibility to consult with a Licensed Physician, Doctor, Nutritionist, Dietician, etc. for advice, diagnosis, and/or treatment of any health-related conditions. Submissions or opinions expressed on the site and/or the mobile application are that of the individual expressing such submission or opinion and may not reflect your opinion. The information is offered as a service and to help you with everyday needs and not meant to treat medical conditions or be substituted for medication.  

 

It is rare, but errors in omissions, or ambiguity, description, or price can happen unintentionally. When this happens we reserve the right to correct the error or to clarify the description. If you have ordered the item before the correction, we may cancel the order and issue you a refund or may make other reasonable adjustments.