Terms of Use

 Terms of Use: Jenny J Fitness

I. Overview

Jenny J Fitness (collectively, the “Company,” “we,” “our,” or “us”) offers this mobile application, including all information, tools and Services available from this mobile application, or any linked pages, features, content, content, or application services offered from time to time by Company in connection therewith (“Mobile App”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Mobile App and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Mobile App, including without limitation users who are accessing through mobile applications, browsers, vendors, customers, merchants, and/ or contributors of content.

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

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Mobile App. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Mobile App following the posting of any changes constitutes acceptance of those changes.

Our site connected to the Mobile App is hosted on Kajabi. They provide us with the online and mobile platform that allows us to sell our products and Services to you.

II. Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Mobile App.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

III. General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

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 or any contact on the Mobile App through which the service is provided, without express written permission by us.

IV. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Mobile App is not accurate, complete, or current. The material on this Mobile App 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 Mobile App is at your own risk.

This Mobile App 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 Mobile App at any time, but we have no obligation to update any information on our Mobile App. You agree that it is your responsibility to monitor changes to our Mobile App.

V. 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.

VI. Products and Services.

Certain products or Services may be available exclusively online through the Mobile App. These products or Services may have limited quantities and are subject to return or exchange. Due to the effort and unique nature of the products and Services, we do not offer returns except on a case-by-case basis, that is determined in the sole discretion of the Company.

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 Mobile App 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.

VII. 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.

VIII. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any 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 the optional tools offered through the Mobile App 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 Services and/or features through the Mobile App (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms.

IX. Third-Party Links

Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this Mobile App 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 Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, 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.

X. User Comments, Feedback 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 to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

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 Mobile App. 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.

XI. Privacy Notice

Your submission of personal information through the store is governed by our Privacy Notice. To view our Privacy Notice, please see https://www.jennyjfitness.com/privacy-policy.

XII. Errors, Inaccuracies and Omissions

Occasionally there may be information on our Mobile App 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 Mobile App 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 Mobile App, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Mobile App, should be taken to indicate that all information in the Service or on any related Mobile App has been modified or updated.

XIII. Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Mobile App or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Mobile App, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Mobile App, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related Mobile App for violating any of the prohibited uses.

XIV. 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. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. 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 SERVICES 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 MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL COMPANY, 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.

XV. Indemnification

You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, vendors, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

XVI. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Mobile App.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, 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 Services (or any part thereof).

XVII. General Provisions

In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Mobile App 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). The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Mobile App. It is your responsibility to check our Mobile App periodically for changes. Your continued use of or access to our Mobile App or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

XVIII. Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California United States.

XIX. Contact Information

If you have any questions or concerns regarding these Terms, please send us a detailed message to [email protected] and we will make every effort to resolve your concerns. You may also contact us at the address below:

PO Box 4692  Mission Viejo California United States 92694

   Terms of Use: EmpowerU

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of a subscription to the Membership Site entitled EmpowerU, (hereinafter “Client”) acknowledge the terms as outlined herein, and agree and willingly purchase entry into EmpowerU to be provided with services rendered by Jenny J Fitness (hereinafter “Jenny J Fitness”), and you agree you are voluntarily entering into a legally binding Agreement, including the automatic renewal terms, with Jenny J Fitness, inclusive of the following terms and conditions mutually agreed upon:

For good and valuable consideration of twenty-seven U.S. dollars ($27) Client has agreed to purchase a monthly subscription to EmpowerU or an annual subscription of two hundred and thirty-nine U.S. dollars ($239). Promotional terms may apply and are outlined on the checkout page during these promotional periods.

Client may join EmpowerU during a promotion, such as getting access to EmpowerU for one U.S. dollar ($1) for 14 days before being charged the total price. During this time, the client may cancel their subscription at any time by emailing [email protected]. 

If the Client cancels, there are no pro-rations or refunds. 

EmpowerU Membership Agreement

It is your responsibility to read this EmpowerU Membership Agreement carefully prior to purchase, use or access to any of the EmpowerU Membership (the “Membership”).

When you purchased the Membership from Jenny J Fitness LLC (“Jenny J Fitness”), you were given a reasonable notice that this EmpowerU Membership Agreement existed (“Terms”). By moving forward with your purchase of the Membership and continued access of the Membership,
you voluntarily agreed and continue to agree to abide by these Terms.
Jenny J Fitness may, from time to time and at any time without notice to you, modify these Terms. You agree that Jenny J Fitness has the right to modify these Terms or revise anything
contained herein. You further agree that all modifications to these Terms are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms, unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms.
If at any time you no longer agree to be bound by these Terms, please cease your participation in the Membership immediately and provide Jenny J Fitness written notice of your desire to cancel, which will be effective the next billing cycle.

MEMBERSHIP

The Membership will include the benefits as described on the website, as modified from time to time.

LICENSE

Subject to and in accordance with these Terms and other guidelines or instructions Jenny J Fitness includes in the Membership, Jenny J Fitness grants a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Membership and any copyrighted materials shared with your during the course of the Membership ("Materials"). More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, resell, share, trade or distribute in any manner or medium (including by email or other electronic means) any material from the Membership(s). You may, however, from time to time, download and/or print one copy of the individual pages of the Membership for your individual use, provided that you keep intact all copyright and other proprietary notices. Jenny J Fitness reserves the right to terminate your access to the Membership at any time if Jenny J Fitness finds that you have violated these Terms.

If Jenny J Fitness suspects that the Membership or Materials are being shared and/or that you have shared your log-in information with any party, Jenny J Fitness reserve the right to
immediately terminate your access to the Membership, in our sole and exclusive discretion.

You agree not to undertake any of the following actions:

1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Membership or Website;

2. Violate the security of the Membership or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

DISCLAIMER.

Jenny J Fitness does not offer any promises or guarantees with regard to our Membership or Materials. You hereby acknowledge and agree:

General Disclaimer. To the fullest extent permitted by law, Jenny J Fitness, its affiliates, successors, assigns, agents, consultants, representatives, employees, volunteers, and licensees, expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by participant or others in connection with the Membership, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

Assumption of Risk. You assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you by Jenny J Fitness, any contributors, and any of the other Membership participants. You take full responsibility for your personal health and well-being, your actions and decisions, and your personal care during the Membership. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Educational and Entertainment Purposes Only. Jenny J Fitness and our speakers and contributors are not medical, legal, financial or other professionals, or if we are, during the terms of this Membership and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of this Membership. This Membership is for educational and
entertainment purposes only. None of the Membership or its related material(s) should be construed as medical, legal, financial advice.

No Guaranteed Outcomes. There is absolutely no guarantee that you will achieve your desired health and fitness goals as a result of participating in this Membership. You understand that outcomes of the Membership can be subjective and can vary greatly depending upon individual circumstances and individual effort invested in the Membership process.

Community Contributions. The opinions expressed by Membership participants as part of the Membership are expressed strictly in their individual capacities, and not on the behalf of Jenny J Fitness [or our representatives, sponsors, or partners]. The opinions you or others post on this platform do not necessarily reflect our opinions. However, Jenny J Fitness does have the right to remove discriminatory, hateful, or explicit content in our sole discretion.

Content Warning. The content in this Membership may challenge your limiting beliefs or push you beyond your comfort zone, so please take appropriate steps to protect your mental health and
expectations.

As Is. You agree that your participation in the Membership and your use of the Website is at your sole and exclusive risk and that any Services provided by Jenny J Fitness are on an "as is"
basis. Jenny J Fitness hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. Jenny J Fitness make no warranties that the Membership or Website will meet your needs or that the Membership or Website will be uninterrupted, error-free, or secure. Jenny J Fitness also makes no warranties as to the reliability or accuracy of any information in the Membership or on the Website. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Membership or your use of the Website is your sole responsibility and that Jenny J Fitness are not liable for any such damage or loss.

You agree that the Materials, the Membership, the Website, and any other Services provided by Jenny J Fitness are the property of Jenny J Fitness, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

USER CONTRIBUTIONS.

As a participant in the Membership, you will be asked to participate in a private community forum. Through your participation in the Membership and your use of the Website, you may be permitted to post materials to the Membership pages and other parts of the Website ("User Contributions"). You
hereby grant Jenny J Fitness a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of User Contributions you post. Jenny J Fitness claims no further proprietary rights in your User Contributions.

You also agree to comply with the "Acceptable Use" provision of these Terms for all User Contributions that you post, including and especially to not violate the intellectual property rights of
any third party through your User Contributions.

If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact Jenny J Fitness.

ACCOUNT.
Jenny J Fitness does not assume or accept responsibility for the security of your account or content. You agree that your participation in the Membership or use of the Website is at your own risk. As a participant in the Membership, you will be asked to register with Jenny J Fitness. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Membership. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify Jenny J Fitness immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping Jenny J Fitness apprised of any changes to your identifying information.
The billing information you provide Jenny J Fitness, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the
Membership or the Website to further fraud or unlawful activity is grounds for immediate termination of these Terms.

PUBLICITY WAIVER.
You acknowledge that as part of the Membership you may be asked to provide a headshot, biography, testimonial, be photographed, filmed, or otherwise recorded during the Membership, which will exclude any of your Confidential Information, for Jenny J Fitness’s advertising, promotion, and any other commercial and business purposes Jenny J Fitness may deem fit (the “Content”). You grant your irrevocable consent to Jenny J Fitness, the right use, publish in whole or in part the Content, which may include the publicly display your name, biography and likeness, without compensation, in any other manner or media now known or hereinafter invented, throughout the world, without restriction as to alterations or modifications, for any purpose described above. You understand that Jenny J Fitness will be the sole property of the Content, and you waive any and all rights of publicity, privacy, or other rights therein. You further waive any and all rights to bring an action at law or equity related to the Content against Jenny J Fitness, its contributors, affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, licensees, volunteers, and release them from any and all liability whatsoever related to the Content.

PAYMENT.
You acknowledge that you are committing to the Membership on a yearly basis, which includes the financial investment listed on the website at the time of purchase.
If payment is not complete by the specified Membership Start Date, you will forfeit your access to the Membership.

You agree not to use the Membership or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Membership or the Website in any way that could damage the Membership, Website, Services, or general business of the Jenny J Fitness.

You further agree not to use the Membership or the Website:

1. To harass, abuse, or threaten others or otherwise violate any person's legal rights;
2. To violate any intellectual property rights of the Jenny J Fitness or any third party;
3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
4. To perpetrate any fraud;
5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
6. To publish or distribute any obscene or defamatory material;
7. Using Membership for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
8. To publish or distribute any material that incites violence, hate, or discrimination towards any
group;
9. To unlawfully gather information about others. Jenny J Fitness engages in affiliate marketing whereby Jenny J Fitness receives a commission on or percentage of the sale of goods or services on or through the Membership and/or Website. Jenny J Fitness may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.

INDEMNIFICATION.
You agree to defend and indemnify Jenny J Fitness and any of our affiliates (if applicable) and hold Jenny J Fitness harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your participation in the Membership, your use or misuse of the Website, your breach of these Terms, or your conduct or actions. You agree that Jenny J Fitness shall be able to select our own legal counsel and may participate in our own defense, if Jenny J Fitness wishes.

INTERRUPTIONS.
Jenny J Fitness may need to interrupt your access to the Membership to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Membership and/or Website may be affected by unanticipated or unscheduled downtime, for any
reason, but that Jenny J Fitness shall have no liability for any damage or loss caused as a result of such downtime.

TERMINATION.
Jenny J Fitness may terminate these Terms with you at any time for any reason, with or without cause. Jenny J Fitness specifically reserves the right to terminate these Terms if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of Jenny J Fitness or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate these Terms at any time by contacting Jenny J Fitness and requesting termination. At the termination of these Terms, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

Please be advised that terminating these Terms does not entitle you to a refund on any monies spent with Jenny J Fitness.

LIMITATION OF LIABILITY.
JENNY J FITNESS IS NOT LIABLE FOR ANY DAMAGES THAT MAY OCCUR TO YOU AS A RESULT OF YOUR PARTICIPATION IN THE MEMBERSHIP OR YOUR USE OF THE WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, AS NOTED ABOVE. THE MAXIMUM LIABILITY OF
JENNY J FITNESS ARISING FROM OR RELATING TO THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID TO JENNY J FITNESS IN THE LAST MONTH OF THE MEMBERSHIP. THIS SECTION APPLIES TO ANY AND ALL CLAIMS BY YOU, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, CONSEQUENTIAL OR PUNITIVE DAMAGES, NEGLIGENCE, STRICT
LIABILITY, FRAUD, OR TORTS OF ANY KIND.

MISCELLANEOUS

1. ENTIRE AGREEMENT. These Terms constitute the entire understanding between the Parties with respect to the Membership. These Terms supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
2. LANGUAGE: All communications made or notices given pursuant to these Terms shall be in the English language.
3. JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Membership and your use of the Website, you agree that the laws of the State of California shall govern any
matter or dispute relating to or arising out of these Terms, as well as any dispute of any kind that may arise between you and Jenny J Fitness, with the exception of its conflict of law
provisions. In case any litigation specifically permitted under these Terms is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts in Los Angeles county. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non convenient or similar doctrine.
4. ARBITRATION: In case of a dispute between the Parties relating to or arising out of these Terms, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding
arbitration. The arbitration shall be conducted in Los Angeles county. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of these Terms, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the State of California. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by Jenny J Fitness will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of these Terms, waive any rights they may have to a jury trial in regard to arbitral claims.
5. ASSIGNMENT: These Terms, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should these Terms, or the rights
granted hereunder, by assigned, sold, leased or otherwise transferred by Jenny J Fitness, the rights and liabilities of Jenny J Fitness will bind and inure to any assignees,
administrators, successors, and executors.
6. SEVERABILITY: If any part or sub-part of these Terms is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to
the maximum extent possible. In such condition, the remainder of these Terms shall continue in full force.
7. NO WAIVER: In the event that Jenny J Fitness fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any
other provision. Waiver of any part or sub-part of these Terms will not constitute a waiver of any other part or sub-part.
8. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms are for convenience and organization, only. Headings shall not affect the meaning of any
provisions of these Terms.
9. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture
has been created between the Parties as a result of these Terms. No Party has any authority to bind the other to third parties.
10. FORCE MAJEURE: Jenny J Fitness is not liable for any delay, adaptation in format, or failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
11. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under these Terms, including e-mail or fax. For any questions or concerns, please email Jenny J Fitness at the following address: [email protected]

 Terms of Use: Recipe Vault

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of a the Product entitled Recipe Vault, (hereinafter “Client”) acknowledge the terms as outlined herein, and agree and willingly purchase entry into the Recipe Vault to be provided with services rendered by Jenny J Fitness (hereinafter “Jenny J Fitness”), and you agree you are voluntarily entering into a legally binding Agreement, with Jenny J Fitness, inclusive of the following terms and conditions mutually agreed upon:

For good and valuable consideration of forty-seven U.S. dollars ($47) Client has agreed to purchase a one-time payment of $47 for the Recipe Vault. Promotional terms may apply and are outlined on the checkout page during these promotional periods.

Due to the immediate nature of the Product’s contents, there are no refunds. 

             Terms of Use: Fit & Fueled

By checking the box next to this Terms of Use, and clicking the "Purchase" button, you, the purchaser of a the Product entitled Fit & Fueled, (hereinafter "Client") acknowledge the terms as outlined herein, and agree and willingly purchase entry into Fit & Fueled to be provided with services rendered by Jenny J Fitness (hereinafter "Jenny J Fitness"), and you agree you are voluntarily entering into a legally binding Agreement, with Jenny J Fitness, inclusive of the following terms and conditions mutually agreed upon:

For good and valuable consideration of nine hundred and ninety-seven U.S. dollars ($997) Client has agreed to purchase a one-time payment of $997 for the Fit & Fueled. Promotional terms may apply and are outlined on the checkout page during these promotional periods.

PROMOTIONAL OFFER

Client may receive Fit & Fueled for free by joining an annual membership of EmpowerU for $239/year. During this time, the client may cancel their subscription at any time by emailing [email protected].

If the Client cancels, there are no pro-rations or refunds.

SATISFACTION GUARANTEE

We believe in the effectiveness of this program and want you to be fully satisfied with your experience. To demonstrate our commitment, we offer a satisfaction guarantee within 30 days of purchase. Please carefully review the following terms and conditions:

Completion of the Entire Program: To qualify for the money back guarantee, you must complete the entire program as outlined and instructed by our team within 30 days of purchase. This includes watching all program videos, following the provided guidelines, and actively participating in the program.

Proof of Completion: In order to request a refund, you must provide documented evidence of your full participation and completion of the program within the 30-day period. This may include attendance records, progress logs, or other forms of proof as requested by our team.

Dissatisfaction with Results: If, after completing the entire program and providing the required proof of completion within 30 days, you are still dissatisfied with the program, you may be eligible for a refund.

Refund Request and Evaluation: To initiate a refund request, you must contact our customer support team at [email protected] within the 30-day period. We will evaluate your request and the provided proof of completion to determine eligibility for a refund.

Refund Process: If your refund request is approved, we will initiate the refund within a reasonable timeframe. The refund will be processed through the original payment method used for the program registration.

Non-Transferable: The money back guarantee is non-transferable and can only be claimed by the original program participant.

Non-Compliance: Failure to comply with the program requirements, failure to provide adequate proof of completion, or any breach of our terms and conditions may result in the forfeiture of the money back guarantee.

Limitations and Exclusions: This money back guarantee is subject to any applicable legal limitations or exclusions imposed by local laws or regulations.

Acceptance of Terms: By enrolling in our program and participating in our services, you acknowledge that you have read, understood, and accepted the terms and conditions outlined in this conditional money back guarantee. Please note that this conditional money back guarantee is designed to ensure your commitment and active engagement with the program, as we strongly believe that only through such participation can the desired results be achieved.

If you have any questions or concerns regarding this satisfaction guarantee or the program itself, please contact our customer support team at [email protected] for further assistance.

MEDICAL DISCLAIMER

The Fit & Fueled program is designed for informational and educational purposes only. It 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 or before starting any new diet or exercise program. By participating in this program, you acknowledge that you should consult with your healthcare provider prior to starting the Fit & Fueled program, especially if you have any pre-existing health conditions or concerns. Jenny J Fitness and its affiliates are not responsible for any health consequences that may result from your participation in this program.

 Terms of Use: 1:1 Coaching

1. Nature of the Relationship 

1. 1:1 Coaching with Jenny J Fitness LLC offers educational services. These sessions are coaching sessions for your planning, education and motivation. Jenny J Fitness LLC represents, and by signing this Agreement, you acknowledge that you understand and agree that these coaching sessions are not psychological counseling, relationship counseling, physical therapy counseling, nor any other type of counseling or therapy sessions. 
2. In addition, by signing this Agreement, you acknowledge that Jenny J Fitness is not a registered dietitian or physical therapist. No content provided by either the coaching or the coaching course materials is intended as nutritional or health advice that goes beyond the scope of practice as a nutrition coach and personal trainer.  
3. If you feel you need professional counseling or therapy, it is your responsibility to seek the help of a licensed professional.
   

2. Cancellation Policy 

1. Cancellation: In the event that you decide to cancel this Agreement, you must provide written notice to Jenny J Fitness LLC, stating the reasons that you have decided to cancel. Because 1:1 Coaching actual damages would be difficult to calculate, you agree to pay to Jenny J Fitness $995 as liquidated damages, and not as a penalty, if you cancel your coaching prior to completing your original term of this Agreement, or if Jenny J Fitness LLC cancels this Agreement pursuant to Section 2D. of this Agreement. These liquidated damages will be due at the time of cancellation and may be deducted from payments already made, paid by check or charged to the credit card on file, if any. These liquidated damages are non-transferable. In the event you decide to cancel this Agreement, Jenny J Fitness LLC shall retain the tuition of the coaching sessions you have completed, and will calculate any refund due, if any, based proportionately on the total amount of the contract already paid and the amount of sessions completed, plus the amount of the liquidated damages. 
2. 72-Hour Cancellation: You may cancel this transaction without penalty or obligation by submitting to Jenny J Fitness LLC, a signed and dated written notice postmarked prior to midnight of the third business day after the date of this Agreement. Your notice must be mailed or delivered to: Attn: Jenny J Fitness LLC, 28081 Marguerite Pkwy #4692, Mission Viejo, CA 92690. Faxed notices are not acceptable. 
3. Assigned Coach: When purchasing this program, you are purchasing the services of individual coaching from Jennifer Jaucian. 
4. Account Activity: From the date of your execution of this Agreement, you have 10 days to complete and submit your client questionnaire form to Jenny J Fitness LLC. Upon Jenny J Fitness LLC’s receipt of your completed client enrollment form, you have 20 days to complete your first coaching session. If (i) you fail to complete your client enrollment form and/or your first coaching session within 30 days, or (ii) you fail to attend any coaching sessions for at least 60 consecutive days, or (iii) you do not make your monthly payment (if any) by the agreed upon dates of your coaching sessions and after 30 days you do not make your payments to bring your account current, then Jenny J Fitness LLC shall have the right to cancel this Agreement, and you will be subject to liquidated damages as provided for in Section 2A., above.
5. Expiration Date: You have a 30-day grace period at the end of this Agreement to complete all coaching sessions outlined in this Agreement. If you have chosen the monthly payment plan option, then once all sessions are complete, or at the end of the 30-day grace period, whichever is sooner, if you do not sign up for an additional contract term, then the Agreement automatically will revert to a month to month contract. At that time, on a month to month basis, you will be billed your existing monthly rate, until such time that you notify us in writing that you no longer wish to continue this Agreement. At the time of such notification, your month to month billing will stop and you will no longer be entitled to or charged for further coaching sessions under the Agreement. Your notice must be mailed or delivered to: Attn: Jenny J Fitness LLC, 28081 Marguerite Pkwy #4692, Mission Viejo, CA 92690. Faxed notices are not acceptable.

3. Missed and Rescheduled Sessions 

1. You will contact your Coach at agreed upon times, by calling a number, which will be provided to you, and you will be responsible for the telephone charges.
   B. If you miss your regularly scheduled call for any reason, without giving 24 hours’ notice, the call will be considered a completed session and will not be replaced by your Personal Coach. 
2. If you are late in making your scheduled call, the coaching session will end at its regularly scheduled time, irrespective of the length of the call, and will be considered a completed session. 

4. General Provisions 

1. Warranties: You acknowledge that you are not relying upon any warranties, promises, guarantees or representations made by Jenny J Fitness LLC or anyone acting or claiming to act on behalf of Jenny J Fitness LLC unless it is in writing and made a part of this Agreement. All advertising material and all prior representations or agreements, if any, whether oral or written, re hereby superseded by this Agreement. This Agreement contains the entire understanding and agreement between you and Jenny J Fitness LLC and no addition or modification of any terms shall be effective unless set forth in writing and signed by you and Jenny J Fitness LLC. No sales representative of Jenny J Fitness LLC has the authority to modify the terms of this Agreement. 
2. Acceptance: By executing this Agreement, you agree to be bound by all the terms and conditions herein. Your execution of this Agreement will be required prior to commencement of any Coaching sessions as contemplated by this Agreement.
3. Subject to Change: Dates and times of sessions will be determined by Coach availability.
4. Assignment: This Agreement may not be assigned to another individual or entity.
5. Transaction Fees: You may be charged foreign or other transaction fees by your bank in connection with this purchase, and you agree that you will be responsible for any such charges. 

5. Payment Method 

You authorize Jenny J Fitness LLC to accept payment as directed by you and authorize Jenny J Fitness LLC to charge your credit card on file, if any, for any and all amounts due pursuant to this Agreement.

6. Indemnification 

You agree to indemnify and hold harmless Jenny J Fitness LLC, and affiliated companies, their officers, directors and employees from any and all claims, demands, suits, expenses, costs, judgments or other charges incurred by you as a result of your choice to participate in these coaching sessions as outlined by this Agreement. You will not hold Jenny J Fitness LLC or its Coaches or other employees responsible for any negligent actions or adverse results, whether known or unknown, that you may incur or suffer as a result of the coaching sessions you receive pursuant to this Agreement. 

7. Disputes 

Any controversy between you and Jenny J Fitness LLC arising out of, in connection with or related to this Agreement shall be submitted to final, binding and conclusive arbitration. The arbitration shall be administered by JAMS pursuant to the JAMS Arbitration Rules and Procedures then in effect. Any arbitration shall be held in Orange County, California and the laws of California shall govern this Agreement.

   Terms of Use: Breakthrough

1. Introduction

Welcome to Jenny’s Breakthrough Coaching Program. By enrolling in this program, you agree to the following terms and conditions. Please read them carefully.

2. Program Overview

Jenny’s Breakthrough Coaching Program is a 6-month beta coaching program designed to help participants break through weight loss plateaus using the Build n’ Burn Method. The program includes:

• A 6-month small group container with intimate access to Jenny.
• Group coaching calls with Jenny twice a month.
• Group workshop sessions twice a month.
• Accountability pods with 1-2 other members.
• Access to the Breakthrough Community.
• Various bonuses, including 90-day fitness programs and recordings of all group workshop sessions.

3. Eligibility

The program is designed for individuals who:

• Want to lose 10-20 pounds in the next 6 months.
• Are eating 1,500 calories or less a day and not losing weight.
• Have tried other weight loss plans without success.
• Struggle to stay consistent in their workout routine.
• Feel they have a slow metabolism.
• Desire a sustainable nutrition plan that fits a busy schedule.

4. Participation Requirements

To fully benefit from the program, participants must:

• Attend all scheduled workshops and 1:1 coaching calls.
• Engage actively in the community and accountability pods.
• Follow the Build n’ Burn Method as instructed by Jenny.

5. Refund Policy

We offer a 100% money-back guarantee. To be eligible for a refund, participants must:

• Attend all workshops and group coaching calls. 
• Follow the program process entirely. 
• Show a full faith effort in doing the program in its entirety, including but not limited to: submitting your weekly food logs, participating in the chat forums, and attending the calls. 

If by the end of the program you are not satisfied with your results, email Elisha at [email protected] to request a refund.

6. Enrollment Enrollment ends on Tuesday, September 17th at 11:59pm PST.

7. Communication For any questions or concerns regarding the program, please contact Elisha at [email protected].

8. Disclaimer Results may vary based on individual circumstances. The information provided in this program is not intended to replace professional medical advice, diagnosis, or treatment. Participants should consult their healthcare provider before starting any new diet or exercise program. While the program aims to provide effective strategies for weight loss and health improvement, results are not guaranteed.

9. Privacy Policy

Your personal information will be kept confidential and will only be used for the purposes of administering the program and providing you with coaching services.