New Top Menu

Navigation

Terms and Conditions

TERMS AND CONDITIONS OF JG FIT TV, INC.

Date of last revision:  May 1, 2015

  1. BINDING EFFECT; CANCELLATION OF SUBSCRIPTION.

This is a binding agreement. By using the Internet site at WWW.JGFITTV.COM (the Site) or any services provided with the Site (the Service), you agree to abide by these Terms of Use, as they may be amended by JG FIT TV, INC. (Company) from time to time in its sole discretion. It is your responsibility to review these Terms of Use periodically, and if you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

A two-week free trial is available on a one-time basis, with no obligation to subscribe. This trial may not include access to the full content of the Site.

The terms of your subscription require that you pay 30 days in advance. You may cancel your subscription at any time. The Company will not refund any paid but unused subscription. Any non-payment of monthly subscription fees for any reason (including but not limited to credit/debit card expiration, declined credit/debit card transaction, etc.) will result in termination of the subscription.

YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

  1. RISK OF PHYSICAL INJURY.

A medical professional’s opinion as to your ability to perform strenuous exercise is recommended prior to following and replicating the exercises and workout modules available on the Site or the Service. All physical exercise has some risk of physical injury. You acknowledge that your participation in, following, and replicating the exercises and workouts shown on the Site is voluntary. You acknowledge that you understand the risks inherent in physical exercise that include but are not limited to physical, mental, or emotional injury, minor or severe bodily harm, death, or illness. Any of these may arise by any means, including without limitation, acts, omissions, recommendations, or advice given via the Site or the Service.

Despite the recital of the risks above, you hereby agree to voluntarily accept and assume all such risks as well any risks not anticipated. You further agree that by use of the Site and the Service you are doing so voluntarily and entirely at your own risk.

  1. PRIVACY POLICY.

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here. Company’s privacy policy is incorporated into this Agreement by this reference.

When required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss you incur because of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

  1. USE OF SITE AND SERVICE.

The Site and Service is comprised of video, mobile applications, widgets, software, e-books, downloadable pdfs, and a community forum. If you download any content from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, Software) are deemed licensed to you by Company, for your personal use only. Company transfers neither title nor the intellectual property rights to the Software. Company retains full and complete title to the Software and all intellectual property rights. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

  1. USER CONTENT.

You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (User Content) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content for the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

  1. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, User Content) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any User Content does not violate any laws or third party rights rests solely with you.

  1. INAPPROPRIATE CONTENT.

You shall not provide the following types of User Content. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any laws.

  1. COPYRIGHT INFRINGEMENT.

Company has in place certain legally mandated procedures regarding allegations of copyright infringement on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you may act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must email it to:  info@johngareytv.com

  1. ALLEGED VIOLATIONS.

Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, have furnished Company with false or misleading information, or have interfered with the Site or the Service by others.

  1. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES.

COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF All INJURY, DAMAGE, OR LOSS FROM USE OF THE SITE, OR THE SERVICE, OR INABILITY TO USE THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR RESULTING IN A SPECIFIC OUTCOME, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

  1. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

  1. AFFILIATED SITES.

Company has no control over, and no liability for any third party websites, materials, or products. Company works with several partners and affiliates whose Internet sites may be linked with the Site and from which you may purchase materials or products. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, or the materials or products offered by such sites. As a result, Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, or their materials or products, and that, unless provided otherwise, these Terms of Use shall govern your use of all third party content, materials or product.

  1. PROHIBITED USES.

Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by submitting a virus to the Site or Service, overloading, flooding, spamming, mail bombing, or crashing; (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

  1. INDEMNITY.

You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

  1. COPYRIGHT.

All contents of Site or Service are: Copyright © 2015 JG FIT TV, INC. All rights reserved.

  1. GOVERNING LAW.

These Terms of Use shall be construed under and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County in all disputes arising out of or related to the use of the Site or Service.

  1. SEVERABILITY; WAIVER.

If  a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

  1. NO LICENSE.

Nothing on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

  1. CALIFORNIA USE ONLY.

The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

  1. MODIFICATIONS.

Company may without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to learn of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

  1. ACKNOWLEDGEMENT.

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.