Terms And Conditions - Jag Total Fitness

Jag Total Fitness, LLC

11161 E State Road 70, STE. 110-531,
Lakewood Ranch, Fl 34202
JagTotalFitness@gmail.com

Last updated – February 2020

Overview

Welcome to Jagtotalfitness.com (the “website”) an online personal training program owned and operated by Jag Total Fitness, LLC (“Jag Total Fitness, LLC”, “we”, “us” or “our”) that provides online personal training, fitness coaching sessions, nutrition advice and suggestions, eBooks, newsletters and products through a mobile app or a web browser (the “Jag Total Fitness, LLC service”). For greater certainty, “Jag Total Fitness, LLC service” includes any use of the mobile app or access to resources generated by Jag Total Fitness, LLC (as defined below) through the mobile app, desktop or direct coaching, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, disclaimers, privacy policy and notices stated here as well as in our “privacy policy” page.

By visiting our site and/ or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions (“terms and conditions”, “terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms & conditions are a legally binding agreement between you and Jag Total Fitness, LLC regarding your use of the website and use and purchase of Jag Total Fitness, LLC services or products. By accessing or using the website or using or purchasing the Jag Total Fitness, LLC service or products, you acknowledge that you have read, understood and agree to be bound by these terms & conditions, including any additional guidelines, the Jag Total Fitness, LLC privacy policy, and any future modifications thereto (collectively, the “agreement”), whether or not you become a member of Jag Total Fitness, LLC by registering an account for the Jag Total Fitness, LLC service (“member”). Jag Total Fitness, LLC is a registered trademark ® and the Jag Total Fitness, LLC name, mark and type are protected by law. These terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these terms and conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms and conditions.

Privacy policy – you understand that some of your content (excluding credit card information), may be transferred without encryption and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 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. Our privacy policy details how we collect and use your information. Your use of, and participation in, the services offered by the company is subject to the terms set forth in our privacy policy located at https://jagtotalfitness.com/privacy-policy/

Any new features or tools which are added to the current store shall also be subject to the terms and conditions. You can review the most current version of the terms and conditions at any time on this page. We reserve the right to update, change or replace any part of these terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Changes to the terms of service – we reserve the right to update and revise these terms at any time. We’ll make sure to also change the “last updated” date at the top of this page so you can tell if these terms have changed since your last visit. Any such changes are effective immediately when we post them and apply to all access to and use of the services thereafter. Please review these terms regularly because once we post any changes, your continued use of the services constitutes your acceptance of these revised terms

If you object to anything in this agreement or the Jag Total Fitness, LLC privacy policy, you cannot use the website or the Jag Total Fitness, LLC service and you should immediately terminate your use thereof.

Eligibility; User Restrictions

We reserve the right to refuse service to anyone for any reason at any time. We only permit individuals who are at least 18 years old, and who can form legally binding contracts with us to use the services. You can only use or receive the services to the extent the laws of your jurisdiction or the united states do not bar you from doing so. Please make sure these terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

You may only use the services as explicitly authorized and in compliance with any policies made available to you within the services. You may not use such proprietary information or materials in any way whatsoever except for permitted use of the services. No portion of the services may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the services: use the services for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent; express or imply that any statements you make are endorsed by Jag Total Fitness, LLC; scrape the services or use other automated or manual means to take our content without our express prior written consent; modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the services not intended to be so read; take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third-party providers’ infrastructure; ·interfere or attempt to interfere with the proper working of the services or any activities conducted on the services; bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the services, including without limitation other accounts, computer systems or networks connected to the services; ·run any form of auto-responder or “spam” on the services; access or use the services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; or otherwise take any action in violation of these terms.’

Account Security And Access IDs

In order to use Jag Total Fitness, LLC you must provide certain information to Jag Total Fitness, LLC including without limitation your full legal name, physical address, email address and phone number. You may furthermore be asked to disclose your credit card details, payment processor account information and certain other information with respect to the payment of fees and charges (in each case as defined below) and other financial transactions facilitated by the jag total fitness, llc. You represent and warrant that all information you provide to Jag Total Fitness, LLC and otherwise, shall be true, accurate, current and complete, and you shall update such information as necessary to maintain its truth and accuracy. You furthermore represent and warrant that at no point shall you impersonate any person or entity or misrepresent any affiliation of a person or entity.

You are responsible for maintaining the confidentiality of the username and password that you use to register for, purchase and/or use the Jag Total Fitness, LLC service. You agree to use commercially reasonable efforts to prevent unauthorized access to, or use of, the Jag Total Fitness, LLC(a) immediately notify Jag Total Fitness, LLC of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you logout from your account each time you exit your account and after training session. Jag Total Fitness, LLC will not be liable for any loss or damage arising from your failure to comply with this provision. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Personal Information

Your submission of personal information is governed by our privacy policy. To view our privacy policy, go to https://jagtotalfitness.com/privacy-policy/

User And Other Member Contact

Interactions with other users and members. You are solely responsible for your interactions with other users of the website (“users”) or members. Jag Total Fitness, LLC makes no representations or warranties as to the conduct of users or members and shall not be in any way liable for any conduct of any user or member. You agree to take reasonable precautions in all interactions with other users and members, particularly if you decide to meet offline or in person a user and/or a member. You should not provide your financial information (for example, your credit card or bank account information) to other users or members. Release. You hereby release Jag Total Fitness, LLC its affiliates, contractors, employees, agents or third party partners or suppliers from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other users or members.

Jag Total Fitness, LLC is not responsible for the conduct, whether online or offline, of any user or member. Under no circumstances will Jag Total Fitness, LLC or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the website and/or the Jag Total Fitness, LLC service, any content posted on the website and/or the Jag Total Fitness, LLC service or transmitted to users or members, or any interactions between users or members, whether online or offline. Jag Total Fitness, LLC is not responsible for any loss or damage, including personal injury or death, resulting from any events or actions occurring at venues or any interaction between a user or member and any third party, including without limitation employees of a venue or other patrons of a venue.

User Comments, Feedback, Photos And Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove 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 and conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Content Posted By You On The Website And/Or The Jag Total Fitness, LLC Service

Accurate content. – you are solely responsible for the user content (as defined below) that you publish or display (a “post”) on the website and/or the Jag Total Fitness, LLC service or transmit to other users and/or members through any media form.

Moderating content – you understand and agree that Jag Total Fitness, LLC may, but has no obligation to, moderate, review and delete any content, comments, messages, photos or profiles (collectively, “user content”), in each case in whole or in part, that in the sole judgment of Jag Total Fitness, LLC violates this agreement, might be offensive or illegal, or that might violate the rights or safety of other users or members.

License to user content. – by posting user content to any public area of the website and/or the Jag Total Fitness, LLC service, you automatically grant, and you represent and warrant that you have the right to grant, to Jag Total Fitness, LLC its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and user content and to prepare derivative works of, or incorporate into other works, such information and user content, and to grant and authorize sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your user content. You also hereby grant to each user and member of the website and/or the Jag Total Fitness, LLC service a non-exclusive license to access your user content, in each case as permitted by the functionality of the website and/or the Jag Total Fitness, LLC service and this agreement. The above license granted by you shall survive any termination or expiration of this agreement.

Representations and warranties. – in connection with the user content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to post the user content to the website and/or the Jag Total Fitness, LLC service, to authorize Jag Total Fitness, LLC to use the user content in the manner contemplated by Jag Total Fitness, LLC and this agreement, and to grant the rights and licenses set forth above, (ii) the public posting and use of your user content by Jag Total Fitness, LLC and other users and members will not infringe or violate the rights of any third party or violate any applicable law or regulation.

Prohibited User Content

The following is a partial list of the kind of user content that is illegal or prohibited on the website and/or the Jag Total Fitness, LLC service. Jag Total Fitness, LLC reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the website and/or the Jag Total Fitness, LLC service and terminating the membership of such violators.

It includes, but is not limited to, user content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually oriented, racially offensive, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users or members; or engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. Blocking of IP addresses. -to protect the integrity of the website and/or the Jag Total Fitness, LLC service, Jag Total Fitness, LLC reserves the right at any time in its sole discretion to block users or members from certain IP addresses from accessing the website and/or the Jag Total Fitness, LLC service

Accuracy, Completeness And Timeliness Of Information

Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Operation And Content.

Jag Total Fitness, LLC is not responsible for any incorrect or inaccurate content posted on or in connection with the website and/or the Jag Total Fitness, LLC service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the website and/or the Jag Total Fitness, LLC service. Jag Total Fitness, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. Jag Total Fitness, LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the website and/or the Jag Total Fitness, LLC service.

Modifications To The Service And Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.

Products Or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

Promotions, Discounts And Bonus Time

Jag Total Fitness, LLC may periodically run promotions that may include bonus time on dues, discounted rates or other incentives to enroll in Jag Total Fitness, LLC services. All incentive programs adhere to the Jag Total Fitness, LLC terms and conditions. New enrollment incentives are for first time clients only. Current members may not be eligible for current discounts or promotions. Jag Total Fitness, LLC may run promotions exclusively for current and active clients and the terms and conditions related to internal marketing vary depending on the promotion type and details of such programs may not be included here.

Third Party Links

We may provide you with access to third-party tools over which we neither monitor nor has any neither control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s). We may also, in the future, offer new Jag Total Fitness, LLC and/or features through the website (including, the release of new tools and resources). Such new features and/or Jag Total Fitness, LLCs hall also be subject to these terms and conditions.

Certain content, products and Jag Total Fitness, LLC available via our service may include materials from third parties. Third party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Jag Total Fitness, LLC of third parties. We are not liable for any harm or damages related to the purchase or use of goods, Jag Total Fitness, LLC resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Payment Processing; Third Party Service Provider

Payment processing Jag Total Fitness, LLC for the Jag Total Fitness, LLC are provided by PayPal and their respective affiliates. You hereby authorize PayPal to share with Jag Total Fitness, LLC the financial information, banking details, transaction information and account information provided by you and/or related to your use of the Jag Total Fitness, LLC as is reasonably required for the provision of the payment processing features contemplated by the Jag Total Fitness, LLC(including payment of fees and charges) you also agree that the jag total fitness is not responsible or liable for the use or misuse of such financial information, banking details, transaction information and account information by PayPal and their respective affiliates or any third party.

In the course of your use of the services, third party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your payment or subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

Prices include local taxes unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. You agree that you are not permitted to resell any services for commercial purposes.

Subscription services (if applicable) – you authorize Jag Total Fitness, LLC to charge the account designated during the registration process the current fees and charges for each term according to the subscription plan. You may cancel the service at any time by following sending an email to Jagtotalfitness@gmail.com in accordance with procedures outline in these terms and conditions. Once you cancel, you will not be charged again for the service.

You are responsible for any charges associated to connecting to the site, including but not limited to, any telephone line charges or any internet access provider charges. You shall provide Jag Total Fitness, LLC with accurate, complete and updated information as to your name and e-mail address and payment information provided by you at registration. Failure to do so shall constitute a breach of these terms.

Changing fees and charges – we may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the services. We may also at any time and from time to time, in our sole discretion, change or remove any of the pricing models in place.

Free trial membership (if available) – if you sign up for a free trial of the services, you must cancel the service before the end of the free trial period to avoid being charged the subscription fee designated during the registration process.

Accuracy of Billing And Account Information.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Cancellation And Refund Policy for Jag Packages And Jag Recurring Programs (if applicable).

By enrolling in any program and completing a purchase of any Jag Total Fitness, LLC service you acknowledge and agree you have read and understands the terms, conditions, procedures, rules & regulations of Jag Total Fitness, LLC. You also acknowledge and agree to the following cancellation and refund policy:

You, the buyer, may cancel your 30 day plan, 60 day plan or 90 day plan order at any time prior to midnight of the seventh business day of initial enrollment, excluding Sundays and holidays for a full refund., enrollment is defined by the date you submitted your first payment. Cancellation requests must be submitted in writing to Jagtotalfitness@gmail.com. Your date of cancellation will be determined based upon the date and time stamp of your email to Jagtotalfitness@gmail.com
You, the buyer, may cancel your initial monthly recurring subscription program at any time prior to midnight of the seventh business day of enrollment, excluding Sundays and holidays for a full refund. Enrollment is defined by the date you submitted your first payment. Cancellation requests must be submitted in writing to Jagtotalfitness@gmail.com. Your date of cancellation will be determined based upon the date and time stamp of your email to Jagtotalfitness@gmail.com
You, the buyer, may cancel a monthly recurring subscription program at any time after the seventh business day of enrollment, excluding Sundays and holidays, however any refund will be prorated based upon the number of days left in the month of cancellation. There will be no retroactive refunds. Enrollment is defined by submitting your monthly recurring payment for the month you cancel. A partial refund will be granted for that month but prorated based upon the number of days left in the month of cancellation. Any days used prior to the cancellation date will not be refunded. Cancellation must be submitted in writing to Jagtotalfitness@gmail.com. Date of cancellation will be determined based upon the date and time stamp of your email to Jagtotalfitness@gmail.com.
If purchaser/member dies or becomes legally disabled during the term of this agreement, he/she and his/her estate shall be relieved of the obligation to pay any remaining balance.

Membership

after selecting the package or recurring program of choice, you register for an account on the website and become a member. This membership is an online personal fitness training and coaching program delivered online. It begins on the date of enrollment and continues to the end of the of the package as defined as follows.

30 Day Plans – 30 calendar days beginning after your phone consult with your personal trainer and ends at 12 midnight on the 30th day.
60 Day Plans – 60 calendar days beginning after your phone consult with your personal trainer and ends at 12 midnight on the 60th day.
90 Day Plans – 90 calendar days beginning after your phone consult with your personal trainer and ends at 12 midnight on the 90th day.

Monthly recurring package – runs indefinitely unless canceled, by giving written notice to Jagtotalfitness@gmail.com. You the buyer agree to provide monthly recurring payment online indefinitely unless canceled in writing to Jagtotalfitness@gmail.com .

Returns Policy For Products

You have 30 days from date of purchase to return you product item. If 30 days have gone by since your purchase, unfortunately we will be unable to offer you a refund.
To be eligible for a return, your item should be unused and in the same condition that you received it in, along with the original packaging and a receipt or proof of purchase.
To return a product, send us an email at Jagtotalfitness@gmail.com and we will provide a shipping label for you to print off and put on your return.
Please send your return item to: Jag Total Fitness, 11161 E State Road 70, STE. 110-531, Lakewood Ranch, Fl 34202
Your refund will be processed, and a credit will be applied to your credit card or original method of payment.

Exchanges (if applicable)

You have 30 days from date of purchase to exchange your product item. If 30 days have gone by since your purchase, unfortunately we will be unable to offer you a exchange or refund.
To be eligible for a exchange, your item should be unused and in the same condition that you received it in, with the original packaging and a receipt or proof of purchase.
To exchange a product, send us an email at Jagtotalfitness@gmail.com. You will need to provide reason for exchange i.e. Broken, color wrong, size wrong. Etc. And what you would like to exchange to be for same product if broken, correct color or size etc.
We will provide a shipping label for you to print off and put on your exchange
Please send your return item to Jag Total Fitness, 11161 E State Road 70, STE. 110-531, Lakewood Ranch, Fl 34202
If your exchanged item is out of stock or unavailable, then your refund will be processed, and a credit will be applied to your credit card or original method of payment
Depending on where you live, the time it may take for your exchanged product to reach you, may vary. We cannot guarantee delivery time frames but make every effort to ship as soon as is possible.

Late Or Missing Refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. If you’ve done all of this and you still have not received your refund yet, please contact us at Jagtotalfitness@gmail.com.

Non-Returnable / Non-Refundable Products

Jag Video Training Sessions
Gift cards
Downloadable software products
Downloadable videos, eBooks, newsletters
Some health and personal care items

Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Jag Total Fitness, LLC that is delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant-ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Jag Total Fitness, LLC our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Medical Disclaimer

The information provided through the website and/or the Jag Total Fitness, LLC service may contain general health information. This website and/or Jag Total Fitness, LLC service does not provide medical diagnosis for any individual and must not be used as a substitute for professional medical advice, diagnosis, treatment or care. All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your health care professional. You should never disregard medical advice or delay seeking professional advice because of any information contained in or related to the website and/or the Jag Total Fitness, LLC service.

Any information provided through this site or sent to you by a Jag Total Fitness, LLC trainer is intended to assist you in your fitness efforts. All information is of a general nature and is furnished for informational purposes only. The information provided through this site is not intended as a substitute for medical counseling, or the professional advice of your personal physician, or the practice of medical or counseling care. For purposes of these terms, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, dietary instructions, diagnosis, prognosis, or advice.

Before you begin any fitness or nutrition program, consult your physician to determine if the fitness or nutrition program is right for your needs. Do not start a fitness or nutrition program if your physician advises against it. Please note that Jag Total Fitness LLC’s trainers, affiliates or employees cannot provide you with medical advice and nothing that you may read on this site or that is otherwise provided to you by Jag Total Fitness, LLC’s trainers, affiliates or employees should be construed as such. Although Jag Total Fitness, LLC and the Jag Total Fitness, LLC’s trainers, affiliates and employees make an effort to provide quality information to you, Jag Total Fitness, LLC disclaims any express or implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any information provided through this site or sent to you by a Jag Total Fitness, LLC trainer or the site.

You represent that you are in good physical condition and may have no medical reason, impairment, or disability that might prevent you from using all Jag Total Fitness, LLC programs or services. As such, you acknowledge that Jag Total Fitness, LLC did not give you medical advice before you enrolled, and cannot give you any after you enroll, or discuss them with your doctor before participating in any programming. Use of the services is at your own risk. In using the services, you are affirm that you do not have any of the following conditions, unless specifically approved by a physician to undertake physical activity despite such conditions: (i) heart and/or blood pressure conditions; (ii) chest pains; (iii) loss of balance due to dizziness; (iv) loss of consciousness; (v) bone or joint problems that could be made worse by a change in your physical activity; or (vi) history of high blood pressure or heart problems (including within your immediate family). You further affirm that if you are pregnant or breastfeeding you have consulted with a physician regarding your use of the services. Jag Total Fitness, LLC reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

Results Not Guaranteed

Jag Total Fitness, LLC does not guarantee any results from use of the website and/or the Jag Total Fitness, LLC service. Jag Total Fitness, LLC does not endorse any fitness or nutrition program offered through the website and/or the Jag Total Fitness, LLC service. Any statements, guarantees, or other information that may be provided to you by fitness professionals or other users of the website and/or the Jag Total Fitness, LLC service are solely attributable to the fitness professional or user. Jag Total Fitness, LLC is not liable for any statements or guarantees made by fitness professionals or other users. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

Results with this program may vary between different users due to variations in exercise history, injuries, genetics, age, medical issues and other factors. Any action you take based on information provided is your sole responsibility. Exercise and proper diet are necessary to achieve and maintain weight loss and desired results. Consult your healthcare professional before beginning any diet or fitness regimen and please refer to your healthcare professional with any medical related questions that may arise while training with this personalized programming through jag total fitness product and services.

Release Of Liability For Injury Or Death; Limitation On Liability; Damages

Release of liability for injury or death. Your participation in online training sessions or other programs through the website and/or is at your own risk. Exercise programs of any kind represent an inherent danger to participants. Jag Total Fitness, LLC is not liable for any personal injury or death that results from use of the website and/or the Jag Total Fitness, LLC service including participation in online training sessions. You release Jag Total Fitness, LLC from all liability for injury or death that results from your participation in a training session or use of the website and/or the Jag Total Fitness, LLC service. Members should consult a physician before beginning use of the Jag Total Fitness, LLC service or any exercise program or training session. Not all exercise programs or training sessions are appropriate for all members. Please check all equipment and the area in which you are using the Jag Total Fitness, LLC service for any dangerous conditions. In cases where applicable law does not allow the above release of liability, Jag Total Fitness, LLC’s liability will be limited to the extent permitted by applicable laws.

Nutrition And Fitness Disclaimer

The nutrition advice given by Jag Total Fitness, LLC is based on the information you provided by completing and submitting the health and fitness questionnaire. You understand it is your responsibility to provide complete and accurate information. You further understand and acknowledge Jag Total Fitness, LLC provides general nutrition education and coaching and is not a medically supervised program or a licensed dietetics company. You understand any menu program created for you by Jag Total Fitness, LLC is simply a recommendation and you are volunteering to participate or follow advice, meal plans or exercises suggestions. You understand that no service or program provided by Jag Total Fitness, LLC is intended to cure, prevent, diagnose, alleviate or treat any medical conditions, disease, physical or mental.

Nutrition And/Or Fitness Waiver And Covenant Not To Sue

You have volunteered to participate in a nutrition suggestion program under the guidance of Jag Total Fitness, LLC which may include but may not be limited to nutrition planning and personalized coaching. In consideration of Jag Total Fitness, LLC agreement to assist me, you do here and forever release and discharge and hereby hold harmless Jag Total Fitness, LLC and their respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your participation in any nutrition program including any injuries resulting there from. You acknowledge and agree that no warranties or representations have been made to me regarding the results you may or will achieve from this program. You understand that results are individual and may vary.

Nutrition Assumption Of Risk

you recognize that specific foods may create allergic and possible fatal reactions, most specifically, products containing nuts. You have therefore specified any food allergies or sensitivities you are aware of. You are aware that specific foods may interact with certain medications. You have discussed such food reactions and the side effects of all your medications with your doctor or pharmacist and do not hold Jag Total Fitness, LLC responsible for food and medication reactions. You also understand the food suggestion plan you receive will not take your medications into consideration. If you are on medications, you are responsible to consult with your doctor before starting a new diet plan. If you are pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, you must receive permission from your physician before participating in the specific nutrition program designed for your use, or may be advised to seek help from another health professional.

This website’s content is not a substitute for direct, personal, professional medical care and diagnosis. None of the meal plans suggestions or exercise programs from Jag Total Fitness, LLC should be performed or otherwise used without clearance from your physician or health care provider first. The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on this website should be misconstrued to mean otherwise.

General Health Risks

There may be risks associated with participating in activities mentioned for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, Jag Total Fitness, LLC is not responsible if you are in poor health or have a pre-existing mental or physical condition and you choose to participate. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities. These risks may also exist for those who are currently in good health right now.

As with any exercise program you assume certain risks to your health and safety. Any form of exercise program can cause injuries, and Jag Total Fitness, LLC is no exception. It is possible that you may become injured doing the exercises in your program, especially if they are done with poor form. Although thorough instruction is included on form for each exercise, realize that Jag Total Fitness, LLC(like any other exercise program) does involve a risk of injury. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities. These risks may also exist for those who are currently in good health right now.

You must consult your doctor before beginning any meal plan suggestion or exercise program, no exceptions. You are using Jag Total Fitness, LLC fitness plans, programs, workouts, nutrition plans or nutrition information, eBooks, newsletter, blog , coaching and any other information provided by Jag Total Fitness, LLC at your own risk and Jag Total Fitness, LLC is not responsible for any injuries or health problems you may experience or even death as a result of using Jag Total Fitness, LLC.

By using this website, you agree that information presented by Jag Total Fitness, LLC is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.

If you think you may have a medical emergency, call your doctor or 911 immediately. Jag Total Fitness, LLC does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this site. Information provided by Jag Total Fitness, LLC employees, or others appearing on this site at the invitation of Jag Total Fitness, LLC or other visitors to this site are solely at their own risk.

Intellectual Property Proprietary Rights

Jag Total Fitness, LLC and its licensors, own and retain all proprietary rights in the website and/or the Jag Total Fitness, LLC service. The website and/or the Jag Total Fitness, LLC service contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of the Jag Total Fitness, LLC service (the “Jag Total Fitness, LLC materials”) that are protected by copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any Jag Total Fitness, LLC materials. Jag Total Fitness, LLC materials do not include user content (as defined below) or other content submitted by users. Jag Total Fitness, LLC retains all rights not expressly granted in this agreement. You shall not acquire any right, title or interest to the website, the Jag Total Fitness, LLC service or Jag Total Fitness, LLC materials, except for the limited rights set forth in this agreement.

Termination

These terms and conditions are effective unless and until terminated by either you or us. You may terminate these terms and conditions at any time by notifying us that you no longer wish to use our Jag Total Fitness, LLC or when you cease using our site. Jag Total Fitness, LLC may, at its option, terminate your membership if (1) any payments are 30 days late, or repeatedly late, (2) the monthly eft payments are interrupted or discontinued for any reason and you or your co-signer do not provide an acceptable alternative, (3) you violate any part of this agreement or (4) your conduct is improper or harmful to the best interest of Jag Total Fitness, LLC or others. Termination is effective on the date jag total fitness; llc mails a written notice to your last known address. You are liable for all financial obligations until that date and for the dues and fees of any remaining unused months. If you prepaid your dues and fees, Jag Total Fitness, LLC will not refund unused portion. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms and conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Jag Total Fitness, LLC(or any part thereof). Jag Total Fitness, LLC shall have the right to immediately, without notice, terminate or suspend your use of the services with respect to any user which Jag Total Fitness, LLC in its sole discretion, considers to be unacceptable, or in the event of any fraud or breach of any obligation under these terms (including, without limitation, the unauthorized copying or download of content from the services). Jag Total Fitness, LLC does not have to provide a refund for services under any conditions. Either you or Jag Total Fitness, LLC may terminate your account and/or use of the services. Your only right with respect to any dissatisfaction with (i) any terms and conditions of these terms, or policy or practice of Jag Total Fitness, LLC in operating the site (ii) content available through the service or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate your account and/or use of the services through our cancellation system. Notice of termination will be effective upon receipt by jag total fitness, llc. If your account is terminated or cancelled, no refund of any fees, including monthly membership fee, will be granted. Fees paid for any service are paid at the beginning of the subscription cycle and are not refundable in whole or in part.

Indemnification

You agree to indemnify and hold Jag Total Fitness, LLC its parent, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including attorney’s fees, made by any third party due to or arising out of (i) your use of the website and/or the Jag Total Fitness, LLC service, (ii) your violation or breach of this agreement, (iii) your user content, or (iv) any breach of your representations and warranties set forth above. Jag Total Fitness, LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Jag Total Fitness, LLC and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Jag Total Fitness, LLC. Jag Total Fitness, LLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Severability

In the event that any provision of these terms and conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

These terms and conditions and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms and conditions).

Any ambiguities in the interpretation of these terms and conditions shall not be construed against the drafting party.

Changes To Terms And Conditions

You can review the most current version of the terms and conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these terms and conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms and conditions constitutes acceptance of those changes.

This product may be discontinued at any time for any reason. It is to be made clear that Jag Total Fitness, LLC. Denise Scott or any member of the Jag Total Fitness, LLC team is not responsible for any injuries or health problems you may experience or even death as a result of using any products or Jag Total Fitness, LLC from Jag Total Fitness, LLC.

Governing Law

These terms and conditions and any separate agreements whereby we provide you Jag Total Fitness, LLC shall be governed by and construed in accordance with the laws of Manatee county, FL – Jag Total Fitness, 11161 E State Road 70, STE. 110-531, Lakewood Ranch, Fl 34202

Questions

If you have any questions, please contact us at:

Jag Total Fitness, LLC

11161 E State Road 70, STE. 110-531,
Lakewood Ranch, Fl 34202
JagTotalFitness@gmail.com