terms of use

Last Updated: March 30th 2022

 

website  terms of use OVERVIEW

 

The terms "we" "us" and "our" refer to Take Good Care Fitness LLC The terms "website" and "site" refer to this website: www.takegoodcarefitness.com. The terms "user" "users" "you" and "your" refer to visitors and customers/clients of this website. The terms "Service" or "Product" refers to the educational and informational content contained on this site, as well as general information about our services and products offered.

Thank you for visiting our website. The Terms of Use ("Agreement") is a legally binding agreement and applies to all users of our website and/or services. Continued use of this website is an acknowledgement of our Terms of Use and constitutes acceptance of the Agreement. Use of this website also represents that you have the right and capacity to enter into this Agreement. If you are not accepting this Agreement or do not have the right, authority or capacity to enter into the Agreement, do not use this website.

 

USE OF SITE

 

Children under 18 years of age are prohibited from using this website. By using this site you represent that you are 18 years of age or older, and have the capacity and authority to enter into this agreement.

LAWFUL PURPOSES

This site is to be used for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through this site. You agree to use this site for legitimate, non-commercial purposes only. You agree to not post or transmit any material through this website or via email that violates or infringes the rights of us or others, or any material that is threatening, abusive, obscene, defamatory, libelous, invasive of privacy rights, incites criminal conduct or gives rise to civil liability, or otherwise violates any law.

 

GUARANTEES AND WARRANTIES

 

Take Good Care Fitness LLC does not guarantee any results from using this content and it is for educational purposes only, and to share general information about fitness & wellness and about us. Information provided on this website is subject to change. We try to provide up-to-date and accurate information but we do not make any representations that the information provided on this site, whether for free or for purchase, or any third party site linked through the website is always accurate, free from errors or omissions, current or reliable. The website and any purchase made from this site is provided “AS IS” and without any warranty of any kind, express or implied, including an implied warranty of fitness for a particular purpose.

Take Good Care Fitness LLC does not guarantee any outcome based on your use of this website. Past results in other instances do not guarantee a similar outcome. No representations or warranties are made as to the accuracy or completeness of the site and use is at your own risk.

 

LIMITATION OF LIABILITY:

Take Good Care Fitness LLC will not be liable for any direct, indirect, incidental, consequential or other damages arising out of or relating to your use of this website or services, loss of use, loss of data, website attacks including computer virus or hacking of any kind, third-party claims, or any misuse of information, services or products. We are not liable to you or any third party for any injury, loss or damages of any kind, whether the liability arises out of breach of contract, tort, negligence, warranty or otherwise, even if the other party has been advised of the possibility of such damages.

 

DISCLAIMERS

 

 

​This website is not used to provide health & fitness advice, and no professional-client relationship has been formed by your use of this website. No material downloaded or resource used on this website constitutes health & fitness advice. Your use of the content on this site or content from our email list is at your own risk. We do not guarantee any results from using this content and it is for educational purposes only. It is your responsibility to do your own research, consult, and obtain a professional for your health & fitness or other help that you may need for your situation.

 

You agree and acknowledge that we are not licensed medical doctor, physical therapist, or licensed counselor. The website, services or product is not meant to be a complete solution for any situation and does not make any such promises or guarantees. It is your responsibility to obtain a professional if necessary for your situation and we are not responsible for any outcome.

 

Statements made regarding health outcomes is not a guarantee that you will have the same results. You acknowledge and agree that we cannot guarantee your future results or success with the fitness program, nutrition plan, manifestation, mindset, OR OTHER TYPE. Your success is based on your own actions and not on the website, services or product. You acknowledge and agree that we are not liable for your success or results. Before beginning any type of fitness plan, nutrition or other health or wellness plan, it is your responsibility to consult with a medical professional, registered dietitian, mental health professional, therapist, psychologist, etc.

 

The testimonials and opinions displayed on our website apply to the individual who wrote it. Results vary and the success of some does not guarantee the same or similar results from others. Our testimonials are provided on a voluntary basis. We did not pay for these testimonials, they were not given in exchange for free services or product or any other benefit.The testimonials on our website illustrate the typical experiences of our clients; however, we acknowledge that results are individual and can vary.

 

Any comments on our website are the opinions of the individual author and do not necessarily reflect our views or opinions. We reserve the right to remove any comments that we find offensive or inappropriate.

 

 

INTELLECTUAL PROPERTY AND LICENSE RESTRICTION

This site and any service provided contains intellectual property owned by Take Good Care Fitness LLC. This site may contain intellectual property from third parties, with license to us for use on this site. You agree not to modify, reproduce, transfer, sell, create derivative works from, or distribute in any manner any of the content or intellectual property, ours or that of a third party, without prior written consent. Any violation of this policy will result in access to this site and/or product being revoked, without refund.

 

Any product or service downloaded from this website is not a transfer of ownership rights and is only granting you a limited, revocable, non-exclusive, non-transferable license to use the Product for the individual purposes intended: for your personal use. This does not grant you a license to sell, rent, copy, create derivative works from, share or otherwise transmit or disseminate the Product or any materials provided in connection with the Product, with anyone else for commercial or non-commercial use.

 

Any violation by you of the license provisions contained herein may result in immediate termination of your license to use this site, products or services.

REFUND POLICY

 

Due to the digital nature of the Product and immediate access to all materials granted at the time of purchase, no refunds are provided under any circumstances.

 

Due to the digital nature of the product and the services included in the Product such as COACHING SESSIONS the Product, including all services, are non-refundable. Payment for the Product is earned in its entirety at the time of purchase (even if a payment plan is chosen) and as such, no refunds are provided under any circumstances, regardless of whether or not all services included in the Product are used.

 

 

MODIFICATION OF THIS AGREEMENT

These terms may be amended at any time and are effective immediately. The effective date is listed below and it is your responsibility to check this site periodically for any updates to this site. We reserve the right to update these terms.

 

SEVERABILITY

If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in full force and effect.

ASSIGNMENT

This agreement is not assignable or otherwise transferable by you, and any such attempt to transfer, assign, delegate or sub-license is not valid.

INDEMNIFICATION

You agree to indemnify and hold us harmless, including costs and attorneys’ fees, from any injury, damage or loss of any kind arising out of your use or misuse of this site, any product or service, or your violation of this Agreement.

WAIVER

You agree that the failure of Take Good Care Fitness LLC to enforce any provision of this Agreement shall not be deemed a waiver of our rights under this Agreement to subsequently enforce any provision of this Agreement.

 

GOVERNING LAW

 

Any dispute arising out of or related to this Agreement or your use of this site shall be construed with and governed by the laws of the State of Vermont, and shall be resolved exclusively by courts in Chittenden County, Vermont, applying Vermont law, to the exclusion of all other courts of any jurisdiction in any other state or country. You agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.

ENTIRE AGREEMENT

You agree that this Agreement contains the entire agreement between you and Take Good Care Fitness LLC pertaining to this site. No other agreement, statement, or promise made prior to this Agreement will supersede this pertaining to this site.

HEADINGS

All headings are included for convenience purposes only and bear no impact on the construction of any terms of this provision.

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Last Updated: May 23rd 2022

TERMS AND CONDITIONS OF USE FOR ADVENTURE WORKOUT

 

This Terms and Conditions of Use Agreement (“Agreement”) is a legally binding agreement between you (“you” “your” “customer” “client” “user” or “users”) and TAKE GOOD CARE FITNESS LLC (“us” “we” “our” “Owner” “Company”). This Agreement sets forth the terms and conditions for your use of the ADVENTURE WORKOUT (“Product”). This Agreement is between you and the Owner only, and not with any other person or entity. The Owner is solely responsible for the services, content and materials provided through the Product. You acknowledge and agree to be bound by the terms of this Agreement.

 

This Agreement shall become effective between you and the Owner by clicking “Complete Order” “Purchase” or any other phrase on the purchase button, entering your credit card information or other billing method (either in full or partial payment) and may only be terminated for the reasons set forth below.

 

Please read these terms and conditions carefully before purchasing and accessing the product. We reserve the right to change, update or modify these terms and conditions by posting updates to the platform where the product is accessed, website, or via email. It is your responsibility to periodically review the terms and conditions and check for updates. Your continued use of the product constitutes acceptance of these terms, including any changes.

 

DISCLAIMER AND LIMITATION OF LIABILITY

 

Nothing in this Agreement shall be construed as a promise or guarantee from using the Product. The Owner makes no such promises or guarantees. By purchasing the Product, you acknowledge and agree to accept any and all risk associated with and arising out of your use of the Product, whether foreseeable or unforeseeable. You agree that the Owner will not be liable for any damages resulting from any delay or denial in the use of the Product, any errors or system failures in the use of the Product, any other failure of performance of any kind, or any use or misuse of the Product and is at your own risk. In no event shall the Owner be liable for any indirect, direct, special, punitive, exemplary, or consequential damages arising out of your use of the Product. If no exclusion or limitation of liability is allowed, our liability is limited to the fullest extent permitted by law, and in no event shall our cumulative liability to you exceed the purchase price of the Product, and if no purchase has been made, in no event shall exceed $100.00 USD.

 

Your use of the Product is at your own risk and is for educational purposes only. You acknowledge and agree that the Owner is not responsible for your success or lack thereof for you individually.


 

Statements made regarding health outcomes is not a guarantee that you will have the same results. You acknowledge and agree that the Owner cannot guarantee your future results or success with the fitness program or nutrition plan. Your success is based on your own actions and not on the Product. You acknowledge and agree that the Owner is not liable for your success or lack thereof. Before beginning any type of fitness plan or nutrition plan, it is your responsibility to consult with a medical professional or registered dietician.


 

You agree and acknowledge that the Owner is not a licensed medical doctor, nutritionist, dietician, therapist, physical therapist, or counselor. The Owner is a certified personal trainer and group fitness instructor. The Product is not meant to be a complete solution for any situation and does not make any such promises or guarantees. It is your responsibility to obtain a professional if necessary for your situation and the Owner is not responsible for any outcome.

 

PRODUCT ACCESS

 

This Product is transmitted to you through a digital download. If you are unable to access your download after purchase, please contact Hilary Rooney at hilary@takegoodcarefitness.com within 48 hours of purchase. The customer has lifetime access to this product after purchase. 


 

INTELLECTUAL PROPERTY - LICENSE AND RESTRICTIONS

 

The Product contains intellectual property that belongs to the Owner. All rights reserved. Purchase of the Product grants to you a limited, revocable, non-exclusive, non-transferable license to use the Product for the individual purposes intended. This does not grant you a license to sell, rent, copy, share or otherwise transmit or disseminate the Product or any materials provided in connection with the Product, with anyone else for commercial or non-commercial use. Any content from the Product shall not be reproduced, republished, uploaded, posted, transmitted, distributed or publicly displayed in any manner without written permission from the Owner.

 

Any violation by you of the license provisions contained herein may result in immediate termination of your license to use the Product, and your access to use will be revoked. Violating this license may result in charges to you from the Owner for the license you sold, shared or otherwise transmitted. We reserve the right, title and interest not expressly granted under this license to the fullest extent permitted under applicable laws.

 

You acknowledge that the intellectual property contained in the Product is the property of the Owner and may be protected by applicable copyright and other intellectual property laws and subject to use restriction under those laws. The Product may contain trademarks, service marks, graphics and logos that are the property of the Owner. Your purchase does not grant you license to use such.

 

You acknowledge and agree that if there is any intellectual property in the Product that is from a third-party, your use of the Product does not give you ownership rights or license to use such.

 

PAYMENT POLICY

 

You agree and authorize the Owner to charge your designated payment type (credit card or other billing method) for the full purchase price of the Product.

 

You agree to not make any chargebacks to the Owner’s account or cancel your credit card or billing method used without prior written consent of the Owner. In the event a chargeback or merchant dispute is commenced by you with your financial institution for the services received under which payment was owed and you are successful in recovering these funds, the Owner will provide this contract to the financial institution as well as evidence of your receipt of services.

 

You agree to pay for any fees associated with the Owner having to recover payments, including but not limited to, collection fees and attorneys’ fees. The Owner reserves the right to report any chargeback incident to credit reporting agencies as a delinquent account.

 

REFUND POLICY


 

Due to the digital nature of the Product, the Owner does not offer refunds under any circumstances.


 

CONFIDENTIALITY

 

“Confidential information” shall mean proprietary information about the Owner, including but not limited to information relating to the Owner’s services, business and operations, including but not limited to business plans, sources, strategies, trade secrets, procedures, marketing, sales, data, all other non-public information, and know-how or other intellectual property that may be communicated to you in any manner. All confidential information disclosed to you shall remain the property of the Owner without prior written consent. You agree not to disclose or use any confidential information in any manner other than what is permitted under this agreement for the use of the services, or as required by law. Confidential information does not include information that is already known to the public through no fault of yours or through no breach of confidentiality, received from a third party that had the right to disclose such information, or was already in your possession prior to the disclosure. You shall take reasonable steps to safeguard confidential information and to protect the accidental or unlawful disclosure of the Owner’s information.

 

Unauthorized use or disclosure of confidential information by you in violation of this agreement is a breach of this agreement, which may result in irreparable harm to the Owner and may be subject to legal action to (1) prevent any further breach of the agreement and (2) any other remedies available in law or equity.

 

The terms of this section of the agreement shall survive the termination of this agreement.

 

PROHIBITED USE

 

You acknowledge that the Product and any connected third party sites are to be used for the purposes intended above and not for any unlawful purpose or any purpose prohibited by the terms of this Agreement. The Owner reserves the right to terminate your access to the Product without notice if your use has not been in accordance with the terms of this Agreement. This includes transmission of any viruses, worms or other destructive codes.

 

The Product is intended solely for users who are eighteen (18) years of age or older. Your purchase and use of this product is your representation that you are at least 18 years of age.

 

INDEMNIFICATION

 

You acknowledge and agree to indemnify and hold the Owner harmless, including costs and attorneys’ fees, from any damages, losses, liabilities, costs, claim or demand made against you due to or arising out of your use of the Product or your violation of this Agreement; any infringement of third party rights by you arising out of your use of the Product, such as any intellectual property or other rights of any person or entity arising out of or related to any products or services purchased by you in connection with the Product or offered by a third party through the Product.

 

ATTORNEY’S FEES

 

Any legal fees incurred due to the enforcement of this agreement by the Owner, if prevailing, shall be entitled to recover its reasonable attorney’s fees and costs from you. This includes collection fees and costs incurred by the Owner in collecting payment of any amount due under this agreement.

 

NON DISPARAGEMENT

 

You agree to refrain from making any disparaging comments or statements about the Owner or the services that negatively affect the Owner’s business, services, products, or reputation. Notwithstanding the foregoing, nothing in this agreement shall preclude you from making truthful statements that are either required by applicable law, regulation or legal process; or for the purpose of communicating a review of the Owner’s goods and/or services.

 

NO WARRANTY

 

The Product is provided “as is” and without any warranty of any kind, express or implied. The Owner does not warrant or represent that the Product to always be complete, free from errors or omissions, accurate, or up-to-date at all times.

 

FORCE MAJEURE

 

The Owner shall be liable for any failure or delay in performance of any obligation under this agreement, if the failure or delay in performance is due to any cause beyond our reasonable control, including, but not limited to electronic or communication failures, electrical outages, network failures, pandemics, floods, acts of God, or other similar or different occurrences beyond the reasonable control the Owner. Force majeure events shall not include a party’s financial inability to perform its obligations under this agreement.

 

SEVERABILITY

 

If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in full force and effect.

 

NOTICE

 

Any notice, demand or other communication shall be delivered in writing to:

Take Good Care Fitness

431 Pine Street Suite G02

Burlington Vermont 05401

hilary@takegoodcarefitness.com

 

WAIVER

 

You acknowledge and agree that the failure of the Owner to enforce any provision of this Agreement shall not be deemed a waiver of the Owner’s rights under this Agreement to subsequently enforce any provision of this Agreement.

 

GOVERNING LAW

 

This Agreement is governed by the laws of Vermont. By purchasing our products/services, you agree that any and all disputes arising out of or in connection with this Agreement shall be brought exclusively in Vermont, to the exclusion of all other courts of any jurisdiction in any other state or country. You agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.


 

HEADINGS

 

The headings used in this agreement are for convenience and reference purposes only and shall not affect the construction or interpretation of this agreement.

 

ENTIRE AGREEMENT

 

You acknowledge and agree that this Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.