Grounds for data collection
1. GENERAL
JMC Fitness ("JMC Fitness" or "we" or "us" or "our") respects the privacy of everyone ("Sites' visitor"
"user" or "you") that uses our website at http://www.jmcfitca.com, as well as other device or online
applications related or connected thereto (collectively, the "Sites").
The following JMC Fitness Privacy Notice ("Privacy Notice") is designed to inform you, as a user of the
Sites, about the types of personal information that JMC Fitness may gather about or collect from you in
connection with your use of the Sites. It also is intended to explain the conditions under which JMC
Fitness uses and discloses that personal information, and your rights in relation to that personal
information.
The Sites are subjected to the laws of your current location. If you are accessing our Sites from other
jurisdictions, please be advised that you are transferring your personal information to us jmcfitca.com,
and by using our Sites, you are agreeing to that transfer and use of your personal information in
accordance with this Privacy Notice. You also agree to abide to the applicable laws of your current
location concerning your use of the Sites and your agreements with us. If your use of the Sites would be
unlawful in your jurisdiction, please do not use the Sites.
Company Information
JMC Fitness
Aliso Viejo, CA 92656
Website: www.jmcfitca.com
Email: support@jmcfitca.com
Phone: (949) 295-2833
2. HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION
JMC Fitness gathers personal information from users of the Sites. When you browse our Sites, subscribe
to our services or contact us through various social or web forms you are voluntarily sharing personal
information with us. This personal information also includes various data that we collect automatically.
This may be the user’s Internet Protocol (IP) address, operating system, browser type and the locations
of the Sites the user views right before arriving at, while navigating and immediately after leaving the
Sites. It may also include various technical aspects of user’s computer or browser and users browsing
habits that are collected through cookies. JMC Fitness may analyze various mentioned personal
information gathered from or about users to help JMC Fitness better understand how the Sites are used
and how to make them better. By identifying patterns and trends in usage, JMC Fitness is able to better
design the Sites to improve users’ experiences, both in terms of content and ease of use. From time to
PRIVACY NOTICE
JMC FITNESS
time, JMC Fitness may also release the anonymized information gathered from the users in the
aggregate, such as by publishing a report on trends in the usage of the Sites.
When we believe disclosure is appropriate, we may disclose your information to help investigate, prevent
or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend
the rights, property or safety of JMC Fitness, our users, our employees or others; to comply with
applicable law or cooperate with law enforcement; to enforce our Terms of Use or other agreements or
policies, in response to a subpoena or similar investigative demand, a court order or a request for
cooperation from a law enforcement or other government agency; to establish or exercise our legal rights;
to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any
legal objection or right available to us. We will notify you if permitted before undertaking such disclosures.
JMC Fitness reserves the right to transfer all information in its possession to a successor organization in
the event of a merger, acquisition, bankruptcy or other sale of all or a portion of JMC Fitness’s assets.
Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred
information will be subject to this Privacy Notice, or to a new privacy notice if you are given notice of that
new privacy notice and are given an opportunity to affirmatively opt-out of it.
3. DO WE USE COOKIES?
A “Cookie” is a string of information which assigns you a unique identification that a website stores on a
user’s computer, and that the user’s browser provides to the website each time the user submits a query
to the website. We use cookies on the Sites to keep track of services you have used, to record
registration information regarding your login name and password, to record your user preferences, to
keep you logged into the Sites and to facilitate purchase procedures. JMC Fitness also uses Cookies to
track the pages that users visit during each of the Sites’ sessions, both to help JMC Fitness improve
users’ experiences and to help JMC Fitness understand how the Sites is being used. As with other
personal information gathered from users of the Sites, JMC Fitness analyzes and discloses in aggregated
form information gathered using Cookies, so as to help JMC Fitness, its partners and others better
understand how the Sites is being used. SITES’ USERS WHO DO NOT WISH TO HAVE COOKIES
PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE COOKIES
BEFORE ACCESSING THE SITES, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE
SITES MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. SITES’ USERS WHO
REFUSE COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF
FUNCTIONALITY.
JMC Fitness currently uses the following cookies on the Sites:
Necessary / Essential Cookies
• Type: Session Cookies
• Administered by: Us
• Purpose: These Cookies are essential to provide You with services available through the Website
and to enable You to use some of its features. They help to authenticate users and prevent
fraudulent use of user accounts. Without these Cookies, the services that You have asked for
cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
• Type: Persistent Cookies
• Administered by: Us
• Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies
• Type: Persistent Cookies
• Administered by: Us
• Purpose: These Cookies allow us to remember choices You make when You use the Website,
such as remembering your login details or language preference. The purpose of these Cookies is
to provide You with a more personal experience and to avoid You having to re-enter your
preferences every time You use the Website.
Tracking and Performance Cookies
• Type: Persistent Cookies
• Administered by: Third-Parties
• Purpose: These Cookies are used to track information about traffic to the Website and how users
use the Website. The information gathered via these Cookies may directly or indirectly identify
you as an individual visitor. This is because the information collected is typically linked to a
pseudonymous identifier associated with the device you use to access the Website. We may also
use these Cookies to test new pages, features or new functionality of the Website to see how our
users react to them.
Targeting and Advertising Cookies
• Type: Persistent Cookies
• Administered by: Third-Parties
• Purpose: These Cookies track your browsing habits to enable Us to show advertising which is
more likely to be of interest to You. These Cookies use information about your browsing history to
group You with other users who have similar interests. Based on that information, and with Our
permission, third party advertisers can place Cookies to enable them to show adverts which We
think will be relevant to your interests while You are on third party websites.
4. DO WE SHARE YOUR PERSONAL INFORMATION?
General Provisions
JMC Fitness contractually prohibits its contractors, affiliates, vendors and suppliers from disclosing any
personal information received from JMC Fitness, other than in accordance with this Privacy Notice. These
third parties may include advertisers, providers of games, utilities, widgets and a variety of other thirdparty applications accessible through the Sites. JMC Fitness neither owns nor controls the third-party
websites and applications accessible through the Sites. Thus, this Privacy Notice does not apply to
personal information provided to or gathered by the third parties that operate them. Before visiting a third
party, or using a third-party application, whether by means of a link on the Sites, directly through the Sites
or otherwise, and before providing any personal information to any such third party, users should inform
themselves of the privacy policies and practices (if any) of the third party responsible for those Sites or
applications, and should take those steps necessary to, in those users’ discretion, protect their privacy.
Third-Party Advertisers
We may use third-party advertising companies to serve ads when you visit the Sites. These companies
may use information about your visits to the Sites that are contained in Cookies in order to provide
advertisements about goods and services of interest to you. Using a tool created by the Network
Advertising Initiative, you can opt out of several third-party ad servers’ and networks’ Cookies
simultaneously. If you would like more personal information about this practice and to know your choices
about not having this personal information used by these companies, please follow the following links:
• http://networkadvertising.org/managing/opt_out.asp
• http://preferences-mgr.truste.com/
• http://www.aboutads.info/choices/
Analytics
We may use third-party vendors, including Google, who use first-party cookies (such as the Google
Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize
and serve ads based on your past activity on the Sites, including Google Analytics for Display Advertising.
The personal information collected may be used to, among other things, analyze and track data,
determine the popularity of certain content and better understand online activity. If you do not want any
personal information to be collected and used by Google Analytics, you can install an opt-out in your web
browser (https://tools.google.com/dlpage/gaoptout/) and/or opt out from Google Analytics for Display
Advertising or the Google Display Network by using Google’s Ads Settings (www.google.com/settings/
ads).
Social Media
We may use hyperlinks on the Sites which will redirect you to a social network if you click on the
respective link. However, when you click on a social plug-in, such as Facebook’s "Like" button or Twitter’s
“tweet” button that particular social network’s plugin will be activated and your browser will directly
connect to that provider’s servers. If you do not use these buttons none of your data will be sent to the
respective social network’s plugin providers. To illustrate this further, imagine the scenario where you click
on the Facebook’s "Like" button on the Sites. Facebook will receive your IP address, the browser version
and screen resolution, and the operating system of the device you have used to access the Sites.
Settings regarding privacy protection can be found on the websites of these social networks and are not
within our control.
Third-Party Service Providers
We may share your personal information, which may include your name and contact information
(including email address) with our authorized service providers that perform certain services on our
behalf. These services may include fulfilling orders, providing customer service and marketing assistance,
performing business and sales analysis, supporting the Sites’ functionality and supporting contests,
sweepstakes, surveys and other features offered through the Sites. We may also share your name,
contact personal information and credit card personal information with our authorized service providers
who process credit card payments. These service providers may have access to personal information
needed to perform their functions but are not permitted to share or use such personal information for any
other purpose. You can contact us to receive our current list of providers.
If you have opted in to receiving marketing communication from us then JMC Fitness may provide your
personal information to third parties, with your consent, so that those third parties may directly contact
you about additional products and services. To cease having your personal information used for
marketing communication purposes, you can:
• Email us at support@jmcfitca.com
5. MOBILE DEVICE ADDITIONAL TERMS
• Mobile Device. If you use a mobile device to access the Sites or download any of our applications,
we may collect device personal information (such as your mobile device ID, model and manufacturer),
operating system, version personal information and IP address.
• Geo-Location Personal Information. Unless we have received your prior consent, we do not
access or track any location-based personal information from your mobile device at any time while
downloading or using our mobile application or our services, except that it may be possible for JMC
Fitness to determine from an IP address the geographic location of your point of connectivity, in which
case we may gather and use such general location data.
• Push Notifications. We send you push notifications if you choose to receive them, letting you know
when someone has sent you a message or for other service-related matters. If you wish to opt-out
from receiving these types of communications, you may turn them off in your device’s settings.
• Mobile Analytics. We use mobile analytics software to allow us to better understand the
functionality of our mobile software on your phone. This software may record personal information,
such as how often you use the application, the events that occur within the application, aggregated
usage, performance data and where the application was downloaded from. We do not link the
personal information we store within the analytics software to any personal information you submit
within the mobile application.
6. SECURITY
We take the security of your personal information seriously and use reasonable electronic, personnel and
physical measures to protect it from loss, theft, alteration or misuse. However, please be advised that
even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized
persons will view your personal information. We are not responsible for third-party circumvention of any
privacy settings or security measures.
We are dedicated to protect all personal information on the Sites as is necessary. However, you are
responsible for maintaining the confidentiality of your personal information by keeping your password and
computer/mobile device access confidential. If you have an account with JMC Fitness and believe
someone has gained unauthorized access to it or your account please change your password as soon as
possible. If you lose control of your account, you should notify us immediately.
7. PRIVACY RIGHTS - EU USERS
If you reside in the European Union (EU), United Kingdom (UK), Switzerland, Norway, Lichtenstein, or
Iceland, you have certain data protection rights under your local laws.
These rights may include:
• The right to request access and obtain a copy of your personal information
• The right to request edits or erasure of your personal information
• The right to limit the processing of your personal information
• Data portability right (if applicable)
• The right to object to the processing of your personal information
If JMC Fitness relies on your consent to process your personal information, you have the right to withdraw
your consent at any time. However, please note that this will not alter the validity of the processing before
its withdrawal.
If you wish to exercise any of the mentioned rights please contact us by email at support@jmcfitca.com,
or by referring to the contact details at the bottom of this Privacy Notice. JMC Fitness has 30 days to
respond to your request.
If you are not satisfied with JMC Fitness's handling of your privacy concerns please note that you have
the right to complain to your local data protection supervisory authority.
List of EU supervisory authorities: http://ec.europa.eu/justice/data-protection/bodies/authorities/
index_en.htm.
Switzerland supervisory authority: https://www.edoeb.admin.ch/edoeb/en/home.html.
If you have any questions or comments about your privacy rights, you may email us at
support@jmcfitca.com.
8. PRIVACY RIGHTS - CALIFORNIA USERS
Do Not Sell My Personal Information Notice - California Consumer Privacy Act (CCPA)
JMC Fitness has not disclosed or sold any personal information to third parties for a business or
commercial purpose in the preceding twelve (12) months. JMC Fitness will not sell personal information in
the future belonging to Sites' visitors, users and other consumers.
If you are under 18 years of age
If you have registered account with JMC Fitness, you have the right to request the removal of unwanted
personal information that you publicly post on our Sites. To request the removal of such information,
please contact us using the contact information provided below. Make sure to include your account's
email address and a statement that you reside in California.
"Shine the Light Law"
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who
are California residents to request and obtain from us, once a year and free of charge, personal
information about the personal information (if any) we disclosed to third parties for direct marketing
purposes in the preceding calendar year. If applicable, this personal information would include a list of the
categories of the personal information that was shared and the names and addresses of all third parties
with which we shared personal information in the immediately preceding calendar year. If you are a
California resident and would like to make such a request, please submit your request in writing to the
address listed below.
9. CHILDREN
The Children's Online Privacy Protection Act ("COPPA") protects the online privacy of children under 13
years of age. We do not knowingly collect or maintain personal information from anyone under the age of
13, unless or except as permitted by law. Any person who provides personal information through the Sites
represents to us that he or she is 13 years of age or older. If we learn that personal information has been
collected from a user under 13 years of age on or through the Sites, then we will take the appropriate
steps to cause this personal information to be deleted. If you are the parent or legal guardian of a child
under 13 who has become a member of the Sites or has otherwise transferred personal information to the
Sites, please contact JMC Fitness using our contact personal information below to have that child's
account terminated and personal information deleted.
10. DO-NOT-TRACK NOTICE
Most web browsers and some mobile operating systems include a Do-Not-Track ("DNT") feature or
setting you can activate to signal your privacy preference not to have data about your online browsing
activities monitored and collected. Because there is not yet a common understanding of how to interpret
the DNT signal, the Sites currently do not respond to DNT browser signals or mechanisms.
11. GOVERNING LAW
Disputes over privacy issues contained in this Privacy Notice will be governed by the law of the State of
California. You also agree to abide by any limitation on damages contained in our Terms of Use, or other
agreement that we have with you.
12. PRIVACY NOTICE CHANGES
JMC Fitness may, in its sole discretion, change this Privacy Notice from time to time. Any and all changes
to JMC Fitness’s Privacy Notice will be reflected on this page and the date of the new version will be
stated at the top of this Privacy Notice. Unless stated otherwise, our current Privacy Notice applies to all
personal information that we have about you and your account. Users should regularly check this page
for any changes to this Privacy Notice. JMC Fitness will always post new versions of the Privacy Notice
on the Sites. However, JMC Fitness may, as determined in its discretion, decide to notify users of
changes made to this Privacy Notice via email or otherwise. Accordingly, it is important that users always
maintain and update their contact personal information.
13. CONTACT
If you have any questions regarding our Privacy Notice, please contact us at:
JMC Fitness
Aliso Viejo, CA 92656
Email: support@jmcfitca.com
Phone: (949) 295-2833
TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”), along with our Company Privacy Policy (http://www.jmcfitca.com/privacy), constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “client” or “you”) and JMC Fitness and its affiliated companies, Websites, applications and tools (collectively, JMC Fitness, “Company” or “we” or “us” or “our” or “trainer”), concerning your access to and use of the http://www.jmcfitca.com Website(s) as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Sites”). The Sites provide the following service: online fitness training, personal training, fitness programs, customized meal plans, fitness nutrition, customized exercise programs, individual fitness and nutritional coaching (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Sites from time to time, are hereby expressly incorporated into this Agreement by reference.
Company makes no representation that the Sites is appropriate or available in other locations other than where it is operated by Company. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Sites. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Sites. Persons under the age of 13 are not permitted to register for the Sites or use the Company Services.
THIS SITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR LICENSED MEDICAL PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR PHYSICIAN OR LICENSED MEDICAL PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.
IMPORTANT NOTICE OF HEALTH RISKS
JMC Fitness is not a physician or licensed medical professional. Any advice provided or obtained from www.jmcfitca.com or JMC Fitness is not to be used as a substitute for medical advice. You should consult with a physician or licensed medical professional before beginning this or any fitness and nutrition program to determine if it is right for your needs. The meal plans, exercise or fitness program's, workouts and coaching provided by JMC Fitness are to be used at your own risk.
Participating in any type of exercise or fitness program has an inherent risk to your health and safety. The risk of injury from participation in a fitness program or from the performance of any exercise is significant, including the potential for catastrophic injury or death. You are advised to consult with a physician or licensed medical professional before undertaking any fitness or exercise program, including any exercises or techniques set forth or described on this Site. JMC Fitness makes every attempt to provide and include thorough instruction for each exercise. Any text, pictures, and descriptions set forth in this Site are for educational purposes only (e.g., the information illustrates and explains various fitness-related and exercise techniques) and does not advise that you or any other user undertake or perform any particular technique or exercise. You agree that you will not participate in or perform any exercise or technique described in this Site or otherwise by JMC Fitness until you consult with a physician or licensed medical professional in relation to such participation. All users of this Site are specifically warned to seek professional medical advice prior to beginning any service provided by JMC Fitness.
DO NOT START THIS FITNESS PROGRAM IF YOUR PHYSICIAN OR LICENSED MEDICAL PROFESSIONAL ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING YOU SHOULD STOP IMMEDIATELY. JMC FITNESS IS NOT RESPONSIBLE FOR ANY INJURIES OR HEALTH PROBLEMS YOU MAY EXPERIENCE, INCLUDING DEATH AS A RESULT OF USING THE SERVICES PROVIDED BY JMC FITNESS, INCLUDING INFORMATION OBTAINED FROM WWW.JMCFITCA.COM.
UNITED STATES RESIDENTS:
IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911, OR GO TO YOUR LOCAL EMERGENCY ROOM, IMMEDIATELY.
OUTSIDE OF THE UNITED STATES:
IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY SERVICES NUMBER OR GO TO THE NEAREST HOSPITAL, IMMEDIATELY.
BENEFITS; INDIVIDUAL RESULTS; TESTIMONIALS
Participation in a regular program of physical activity has been shown to produce positive changes in a number of organ systems. These changes include increased work capacity, improved cardiovascular efficiency, and increased muscular strength, flexibility, power and endurance.
The products, services or programs provided by JMC Fitness are intended to be fully implemented to the best of the individual users ability to achieve maximized results and reach individual goals. You may refuse or stop any exercise for any reason. It is your responsibility to notify JMC Fitness of any discomfort or pain arising from or during exercise, as well as, any and all other known limitations that you have or experience. JMC Fitness may accommodate, within reason, the individual user and substitute another exercise to work that particular muscle group. The ultimate results are up to the individual and there is a possibility of negative outcomes; such as a lack of progress, failure to lose fat or gain muscle and other undesired results for the user. It is the users responsibility to follow the program, work out consistently, eat properly, get plenty of sleep and live a healthy lifestyle.
The transformations or testimonials displayed on the Site are real clients of JMC Fitness. The transformations or testimonials are not claimed to represent typical results with the meal plans or fitness programs provided by JMC Fitness. The transformation or testimonials are a showcase of what the most motivated and dedicated users can achieve by following the meal plans or fitness programs provided by JMC Fitness. Each users results may vary and there is no guarantee to achieve the same results of another user of JMC Fitness.
PURCHASES; PAYMENTS; SUBSCRIPTIONS
JMC Fitness may offer free trial or a sample of our products or services. The duration of the free trial period and all other details of the offer will be posted on our Sites. If you wish to try our free options please read through them carefully first. JMC Fitness will bill you through an online payment processor ("Stripe") for our Services. By using our paid options you agree to pay JMC Fitness all charges at the prices then in effect for the products or services you or other persons using your billing account may purchase, and you authorize JMC Fitness to charge your chosen payment provider for any such purchases. You agree to make a payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you agree to us charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. JMC Fitness reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company or local jurisdiction. Company may change prices at any time. All payments shall be made in U.S. dollars (“USD”) for all products or services.
REFUNDS; RETURNS; CANCELLATIONS
JMC Fitness offers a 100% money-back guarantee — If you are not satisfied with your purchase within the first 14 days of the initial purchase — request a refund by contacting the Customer Support team; your refund will be issued and your subscription canceled. The user is not eligible for a refund of any purchases during a promotional period or for a promotion that has been redeemed, e.g. supplements, apparel, headphones, from JMC Fitness.
In the event that the Client becomes unable to use or receive services under this agreement due to death or disability, Client, or Client’s estate as the case may be, shall be liable only for that portion of the charges allocable to the time prior to death or the onset of disability. JMC Fitness requires reasonable evidence of death, e.g. death certificate, or disability, e.g. doctor’s note, to be presented at the time of cancellation. Reasonable evidence includes, but is not limited to, a doctor’s letter about the onset of disability or death certificate.
USER REPRESENTATIONS
Regarding Your Registration
By using the JMC Fitness Services, you represent and warrant that:
A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for all use of your password and account;
D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use our Sites; and
E. your use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Sites' registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.
Regarding Content You Provide
We may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to our Sites and/or to or via the Sites' forms, emails, chat agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "Contributions"). Any Contributions you transmit to JMC Fitness will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
A. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize JMC Fitness and the Sites' users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
C. you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by our Sites;
D. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by JMC Fitness), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
E. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
F. your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
G. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.
CONTRIBUTION LICENSE
By posting Contributions to any part of the Sites, or making them accessible to the Sites by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to JMC Fitness an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We will not use your contribution in a way that infringes on your rights and always process your personal information lawfully and with your consent.
Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
By uploading your Contributions to the Sites, you hereby authorize Company to grant to each end user a personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
GUIDELINES FOR REVIEWS
JMC Fitness may accept, reject or remove reviews in its sole discretion. JMC Fitness has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by JMC Fitness, and do not represent the views of JMC Fitness or of any affiliate or partner of Company. JMC Fitness does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to JMC Fitness a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to JMC Fitness to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
If you are accessing the JMC Fitness Services via a mobile application, then JMC Fitness grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any Sites or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of JMC Fitness or other intellectual property of JMC Fitness in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the JMC Fitness Services. You acknowledge that this Agreement is concluded between you and JMC Fitness only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and JMC Fitness, not an App Distributor, is solely responsible for the JMC Fitness application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for the JMC Fitness application is limited to a non-transferable license to use the JMC Fitness application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: JMC Fitness is solely responsible for providing any maintenance and support services with respect to the JMC Fitness application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the JMC Fitness application. (3) WARRANTY: JMC Fitness is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the JMC Fitness application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the JMC Fitness application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the JMC Fitness application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be JMC Fitness sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that JMC Fitness, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the JMC Fitness application or your possession and/or use of the JMC Fitness application, including, but not limited to: (i) product liability claims; (ii) any claim that the JMC Fitness application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the JMC Fitness application or your possession and use of the JMC Fitness application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the JMC Fitness application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the JMC Fitness application. (8) THIRD PARTY BENEFICIARY: JMC Fitness and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or the JMC Fitness Services ("Submissions") provided by you to JMC Fitness are non-confidential and JMC Fitness (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
PROHIBITED ACTIVITIES
You may not access or use the Sites for any other purpose other than that for which JMC Fitness makes it available. The Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by JMC Fitness. Prohibited activity includes, but is not limited to:
A. attempting to bypass any measures of the Sites designed to prevent or restrict access to the Sites, or any portion of the Sites
B. attempting to impersonate another user or person or using the username of another user
C. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Sites
D. criminal or tortious activity
E. deleting the copyright or other proprietary rights notice from any Sites' content
F. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
G. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Sites, or using or launching any unauthorized script or other software
H. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you
I. interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites
J. making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
K. selling or otherwise transferring your profile
L. systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company
M. using any information obtained from the Sites in order to harass, abuse, or harm another person
N. tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords
O. using the Company Services as part of any effort to compete with Company or to provide services as a service bureau
P. using the Sites in a manner inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Sites (“JMC Fitness Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to JMC Fitness, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. JMC Fitness Content, includes, without limitation, all source code, databases, functionality, software, Sites' designs, audio, video, text, photographs and graphics. All JMC Fitness graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of JMC Fitness in the United States and/or other countries. JMC Fitness trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the JMC Fitness.
JMC Fitness Content on the Sites is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and the JMC Fitness Content and to download or print a copy of any portion of the JMC Fitness Content to which you have properly gained access solely for your personal, non-commercial use. JMC Fitness reserves all rights not expressly granted to you in and to the Sites and JMC Fitness Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Sites contains (or you may be sent through the Sites or the JMC Fitness Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party accessed through the Sites or any Third Party Content posted on, available through or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Sites or relating to any applications you use or install from the Sites. Any purchases you make through Third Party Websites will be through other websites and from other companies, and JMC Fitness takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
SITE MANAGEMENT
JMC Fitness reserves the right but does not have the obligation to:
A. monitor the Sites for violations of this Agreement;
B. take appropriate legal action against anyone who, in JMC Fitness sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
C. in JMC Fitness sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any JMC Fitness policy;
D. in Company’s sole discretion and without limitation, notice or liability to remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to JMC Fitness 's systems;
E. otherwise manage the Sites in a manner designed to protect the rights and property of JMC Fitness and others and to facilitate the proper functioning of the Sites.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Sites or are otherwise a user or member of the Sites, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Sites and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Sites and Company Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS
To Agreement
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Sites and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Sites for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
To Services
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.
DISPUTES
Between Users
If there is a dispute between users of the Sites, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.
With Company
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to Sites or the Company Services shall be governed and construed by the laws of the State of California, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Company arising out of or related in any respect to this Sites and the Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Orange County, State of California; subject, however, to the right of Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Sites and/or the Company Services (including your visit to or use of the Sites and/or the Company Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys' fees and costs if we have to take any legal action to enforce this Agreement.
CORRECTIONS
Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
DISCLAIMERS
Company cannot control the nature of all of the content available on the Sites. By operating the Sites, Company does not represent or imply that Company endorses any blogs, contributions or other content available on or linked to by the Sites, including without limitation content hosted on third party websites or provided by third party applications, or that Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Sites or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Sites or Company Services.
YOU AGREE THAT YOUR USE OF THE SITES AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
INDEMNITY
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
USER DATA
Our Sites will maintain certain data that you transfer to the Sites for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.
ELECTRONIC CONTRACTING
Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of this Agreement or use of the Sites and Company Services. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
CONTACT US
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at
.
JMC Fitness
Aliso Viejo, CA 92656
Email: support@jmcfitca.com
Phone: (949)295-2833