Last updated: March 11, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Application means the software program provided by the Company downloaded by You on any electronic device, named JEFIT Gym / Home Workout
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Country refers to: California, United States
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Jefit, Inc., 830 Stewart Dr. Ste 181, Sunnyvale CA 94085.
- 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.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
- In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.
- Promotions refer to contests, sweepstakes or other promotions offered through the Service.
- Service refers to the Application or the Website or both.
- Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
- Terms and Conditions (also referred 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 JEFIT Gym / Home Workout, accessible from https://www.jefit.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 are the Terms and Conditions governing the use of this Service 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.
Your access to and use of the Service is 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 Service 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 Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Attention! : Always consult a physician before starting a workout program, changing your workout routine, or changing your diet. Not all workout routine, exercises and/or activities are suitable for everyone. If you feel discomfort or pain, you must discontinue any exercise and consult a medical expert. The instructions and advice presented are in no way intended as a substitute for medical or psychological counseling.
Wavier and Release of Liability
By logging on or downloading JEFIT application, you hereby agree to accept these terms and conditions and further agree to indemnify and hold harmless Jefit Inc., it’s officers, directors, shareholders and employees from any accidents, injuries, or direct or indirect damages of any kind which you may experience from your fitness activities or the use of the Jefit.com website and any other JEFIT service. You agree that neither Jefit Inc., or its officers, directors, shareholders and employees, shall have any liability to you under any theory of liability or indemnity in connection with your use of JEFIT.com or JEFIT Application.
You hereby release and forever waive any and all claims you may have against Jefit Inc, its officers, directors, employees, agents, consultants, information providers or suppliers for losses or damages you sustain in connection with your use of JEFIT.com or JEFIT Application. The total liability of Jefit Inc, and its officers, directors, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided in the 12-months prior to date the claim. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of JEFIT.com are hereby excluded even if Jefit Inc or its officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. Void where prohibited by law. Jefit Inc. makes no representations or warranties as to the conduct of trainers or their compatibility with any current or future Members. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings between Trainers and Members of or any other persons you meet through this Site. You agree to take reasonable precautions in all interactions with Trainers and other Members, particularly if you decide to meet offline or in person.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Jefit Inc. does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that you are solely responsible for (and that JEFIT has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which JEFIT may suffer) by doing so.
Message boards on the Jefit.com website will contain information that can be posted and viewed by anyone on the internet. Jefit Inc. does not endorse any information posted on the message boards. JEFIT is not responsible for the information posted on the boards or for editing any factual errors or making any type of corrections to information presented on the message boards. Any action taken by a viewer of the boards based on information presented on the boards is at your own risk and could be dangerous or life-threatening. JEFIT will not review all communications or materials posted on its on-line forums, private, and instant messaging systems, and is not responsible in any manner for the content of posted communications or materials. You may not post or transmit any communications or materials, and JEFIT has the right to block or delete any communications or materials, on JEFIT’s message boards or private messaging systems that may: (i) be libelous, defamatory, indecent, obscene, or pornographic, offensive, harmful, threatening, harassing, abusive, hateful, fraudulent, sexually explicit, deceptive, or misleading, or constitute stalking, or disclose private or personal information about another person; (ii) violate the privacy or property rights of others, including any unauthorized copyrighted communications or materials, trade secrets, protected intellectual property rights, or other confidential or trademarked proprietary information; (iii) interfere with the viewing or use by others of JEFIT’s on-line forums, private, or instant messaging systems, use simultaneous, unattended or continuous connections to JEFIT, or post or transmit any file containing any viruses or any contaminating or destructive code or features; (iv) constitute requests for charity, petitions for signatures, chain letters, or communications or materials for any pyramid schemes, advertising, solicitations, or promotional communications or materials of any kind, or be used to harvest or collect information about other users of the on-line forums, private, and instant messaging systems of JEFIT; or (v) be deemed unacceptable for any reason by JEFIT. JEFIT may take steps as it deems necessary to investigate any violation of this Agreement, including the recording of any communications or materials in its message boards or private messaging systems. Posts submitted to the JEFIT Message Boards are not considered confidential. These posts may be used by JEFIT for any purpose without requiring permission from the originator
On the message boards, you acknowledge that the message boards and the features that are offered within are for the public and are not private communications, and you have no expectation of privacy in regards to any submission to the message boards. We cannot guarantee your security of any submission to the message boards or through these media, you make such submissions at your own risk. You are and remain solely responsible for the submissions that you distribute through or on any site under your username or by you in any message board and for the consequences of submitting and posting same. You should be skeptical about information posted and provided by others, and you acknowledge that use of any submission posted in the message boards is at your own risk. We are not responsible for, and we do not endorse, advice, recommendations or opinions posted or sent by users in any message board and we specifically disclaim any and all liability in connection therewith.
The following Rules of Content apply to JEFIT.com as well as the JEFIT Application. By using JEFIT, you agree that you will not distribute any submission, post or imagery that: (i) is defamatory, harassing, threatening abusive, or the invasion of a right of privacy of another individual; (ii) is hateful, racial, offensive or bigoted; (iii) is vulgar, sexually explicit, pornographic, violent or obscene; or (iv) can be expected to harm any person or entity; (v) promotes or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that represents or is an attempt to engage in child pornography, stalking, sexual assault, suicide, fraud, trafficking stolen or obscene material, deal or abusing drugs, theft, harassment, or conspiracy to commit any criminal activity; (vi) violates or infringes of any third party including; (a) patent, copyright, trademark, trade secret or any other intellectual proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation; (vii) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (viii) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Sites; (ix) does not generally pertain to the designated topic or theme of the relevant Forum to which it is submitted; (x) violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or (xi) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, JEFIT DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICES WILL BE UN-INTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JEFIT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
JEFIT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JEFIT AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR :
(I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT NE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;(II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF :- (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES ;- (B) MAKE CHANGES WHICH JEFIT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);- (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;- (D) YOUR FAILURE TO PROVIDE JEFIT WITH ACCURATE INFORMATION; AND- (E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
The Services may include hyperlinks to other web sites or content or resources. JEFIT may have no control over any web sites or resources which are provided by companies or persons other than JEFIT. You acknowledge and agree that JEFIT is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that JEFIT is not liable for any loss, damage or injury which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from such web sites or resources.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content and information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by JEFIT on the Services are subject to change without specific notice to you. In consideration for JEFIT granting you access to and use of the Services, you agree that JEFIT may place such advertising on the Services.
These Terms of Service, and your relationship with JEFIT under these Terms of Service, shall be governed by the laws of the State of California without regard to its conflict of laws provisions.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store’s own terms and conditions.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-app purchase, the Application Store’s refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Money-Back Policy Terms
Apart from the refund rights granted by relevant laws, if you bought our app directly from our websites and were offered the money-back option during checkout, you qualify for a refund if you did not observe visible results with our program, subject to the fulfillment of the following conditions:
- Reach out to us within 30 days from your initial purchase and before your subscription period concludes.
- Additionally, adhere to our program for a minimum of four consecutive days within the initial 30 days following the purchase (for monthly and longer subscription periods).
- Finally, demonstrate your program adherence according to the stipulations outlined in the section titled “Evidence to demonstrate that you have followed the program.”
We will review your application and notify you (by email or otherwise) whether your application is approved.
Evidence To Demonstrate That You Have Followed The Program
To showcase your program adherence, you can provide screenshots from the app as evidence that you have completed a minimum of four workouts or other sessions (for monthly and longer subscription periods).
Kindly be aware that a refund under the Money-back Guarantee is only granted upon meeting the specified requirements outlined above. To clarify, this guarantee is not applicable to any other scenarios.
General Refund Rules
We highly value feedback and strive to ensure our customers’ satisfaction with our products and services. If, however, you find yourself dissatisfied, you have the option to request a refund in accordance with the terms outlined here.
Generally, if the conditions of our Money-back Guarantee, as detailed above, are not met, the fees paid are considered non-refundable and/or non-exchangeable, unless otherwise specified herein or as mandated by applicable law. Moreover, our company may, at its sole discretion, consider and grant certain refund requests on a case-by-case basis.
Refunds are typically applicable only during the subscription period, and if a refund request is made after the expiration of the subscription period, we regret to inform you that a refund cannot be provided.
For residents of specific US states, such as California or Connecticut, canceling a purchase within the first three business days from the purchase date entitles you to a refund of the payment made.
For EU residents, the right to withdraw from the purchase agreement for digital content without charge is available within fourteen (14) days from the agreement’s conclusion. However, this right does not apply if the performance of the agreement begins with your prior express consent, and you acknowledge the loss of withdrawal rights once our servers validate your purchase and the applicable content is successfully delivered. Therefore, eligibility for a refund is contingent on the defective nature of the digital content.
The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store’s own terms and conditions or in your Device’s Help settings.
In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store’s own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity 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.
You must be 18 years or older to use this Service.In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you provide to Jefit.com will always be accurate, correct and up to date. You are responsible for keeping your password secure. Jefit Inc. cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You may not use the service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States.
You are responsible for all activity and content (data, graphics, photos, links) that is uploaded or created under your JEFIT account. A breach or violation of any of the Account Terms as determined in the sole discretion of Jefit Inc. will result in an immediate termination of your services. You agree to use the Services only for the purposes that are permitted by: (i) these Terms of Service, and (ii) any applicable law, regulation or generally accepted practices and guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by JEFIT, unless you have been specifically allowed to do so in a separate agreement with JEFIT. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to JEFIT for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify JEFIT immediately at info@Jefit.com.By making your account information public, you agree to allow others to view your content. Jefit Inc. does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service. You acknowledge and agree that if Jefit Inc. disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Jefit Inc. Verbal or written abuse of any kind (including threats of abuse or retribution) of any JEFIT customer, Jefit Inc. employee, member, or officer will result in immediate account termination. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Some of our members will make their email addresses available if they wish to converse with others users with similar interests and/or goals. If you use this information, you agree not to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy, infringing of another’s intellectual property rights, or illegal. Members found using email information in this manner will be stripped of their membership. JEFIT.com is not responsible for the content of email messages sent by its members or from a third party. We assume members of JEFIT.com will act responsibly and use the tools provided by JEFIT.com in a law-abiding manner. If JEFIT.com determines that any member is not using the system responsibly, we can and will censor, edit or block their transmissions or use of JEFIT.com.You are only authorized to use this Site for your own individual use, and may not duplicate, download, publish, modify or otherwise distribute any material on Jefit.com for any purpose other than for your own individual use, unless otherwise specifically authorized by Jefit Inc. You agree not to transfer or resell your use of or access to your program to any third party.
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at firstname.lastname@example.org and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at email@example.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You acknowledge and agree that JEFIT (or JEFIT’s licensors) own all legal right, title and interest in and to the JEFIT content and the Services, including any intellectual property rights which subsist in the content and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with JEFIT, nothing in these Terms of Service gives you the right to use any of JEFIT’s trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by JEFIT, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. JEFIT gives you a personal, worldwide, non-assignable, royalty-free, and non-exclusive license to use the software provided to you by JEFIT as part of the Services as provided to you by JEFIT (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by JEFIT, in the manner permitted by these Terms of Service.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorized by JEFIT in writing.
Unless JEFIT has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
You retain copyright and any other rights you already hold in content which you submit, post or display on or through the Services. By submitting, posting or displaying the content, you give JEFIT a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through the Services. This license is for the sole purpose of enabling JEFIT to display, distribute and promote the Services.
You agree that this license includes a right for JEFIT to make such content available to other companies, organizations and individuals with whom JEFIT has relationships for the provision of syndicated services, and to use such content in connection with the provision of those Services.
When posting and sharing routines on the JEFIT routine database, you are confirming the material and content within the routine is of your own original work. The original content must be free of any plagiarism or stolen material to be considered original or of the creator’s design. Each routine submitted is subject to review by the JEFIT Team for any copyright material. If you are using someone else’s copyrighted materials without permission, you are violating the copyright owner’s exclusive rights as well as the violating the routine submission rules for JEFIT. Those who violate routine submission are subject to a ban of their account and the immediate removal of the copyrighted workout routine.
You understand that JEFIT, in performing the required technical steps to provide the Services to our users, may: (i) transmit or distribute your content over various public networks and in various media, and (ii) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit JEFIT to take such actions. You confirm to JEFIT that you have all the rights, power and authority to grant the above license. It is JEFIT’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, 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.
Links to Other Websites
Our Service may contain links to third-party web sites 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 web sites 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 web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing not exceed the fees paid by you for the particular information or service provided in the 12-months prior to date the claim.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
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 that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
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 and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking 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.
The information contained on the Service is for general information purposes only.
The Company assumes no responsibility for errors or omissions in the contents of the Service.
In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Company does not warrant that the Service is free of viruses or other harmful components.
Medical Information Disclaimer
The information about health provided by the Service is not intended to diagnose, treat, cure or prevent disease. Products, services, information and other content provided by the Service, including information linking to third-party websites are provided for informational purposes only.
Information offered by the Service is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment.
Individuals are different and may react differently to different products. Comments made on the Service by employees or other users are strictly their own personal views made in their own personal capacity and are not claims made by the Company nor do they represent the position or view of the Company.
The Company is not liable for any information provided by the Service with regard to recommendations regarding supplements for any health purposes.
The Company makes no guarantee or warranty with respect to any products or services sold. The Company is not responsible for any damages for information or services provided even if the Company has been advised of the possibility of damages.
Fitness & Nutritional Information Disclaimer
The Service can offer health, fitness and nutritional information including, without limitation, advice and recommendation, that is provided solely as general education and informational purposes.
Use of the advice and information contained herein is at your sole choice and risk. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Always consult your physician or healthcare provider before beginning any nutrition or exercise program.
If You choose to use this information without prior consent of your physician, You are agreeing to accept full responsibility for your decisions and agreeing to hold harmless the Company.
External Links Disclaimer
The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.
Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Third party advertisements and links to third party websites may also appear while using the Service. The Company does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or websites and does not accept any responsibility or liability for the conduct or content of those advertisements and websites and the offerings made by the third-parties.
Third party advertisements and links to other websites where goods or services are advertised are not endorsements or recommendations by the Company of the third party sites, goods or services. The Company takes no responsibility for the content of the ads, promises made, or the quality/reliability of the products or services offered in all advertisements.
Errors and Omissions Disclaimer
The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to insure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.
The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.
Fair Use Disclaimer
The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.
The Company believes this constitutes a “fair use” of any such copyrighted material as provided for in section 107 of the United States Copyright law.
If You wish to use copyrighted material from the Service for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.
Views Expressed Disclaimer
The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.
Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserve the right to delete any comment for any reason whatsoever.
No Responsibility Disclaimer
The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.
In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.
“Use at Your Own Risk” Disclaimer
All information in the Service is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.
If you have any questions about this Disclaimer, You can contact Us:
- By email: firstname.lastname@example.org
- By visiting this page on our website: https://support.jefit.com/hc