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Terms of Service and Conditions

Acceptance of Website Terms and Conditions of Use

These website terms and conditions for kathleengracefitness.com (the “Website”), constitute a legal agreement and are entered into by and between you and Kathleen Grace, doing business as Kathleen Grace Fitness (“Kathleen Grace Fitness”). The following terms and conditions (“Terms and Conditions”), govern your access to and use, including any content, functionality and services offered on or through the Website.

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Refund Policy

If for any reason, you’re unhappy with your 6 week challenge purchase, email us for a full and prompt refund within one year of purchase. If you’re not satisfied with your Kathleen Grace Fitness membership, email us for a full and prompt refund within 30 days of purchase. We are a family business and stand behind Kathleen Grace Fitness workouts unconditionally because our customer success and happiness rates are so high. We’re responsible, reliable, and we’re here to help. 

Modifications to the Terms and Conditions and to the Website

We reserve the right to modify these Terms and Conditions at any time and all such modifications are effective immediately upon posting of the modification to the Website. You can view the most recent version of these Terms and Conditions at any time on the Website.

The information and material on the Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. Kathleen Grace Fitness will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Intellectual Property Ownership

(a) Our Content 

All content included on this Website, including but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection and arrangement is and shall continue to be the property of Kathleen Grace Fitness and their agents or content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited without express permission from Kathleen Grace Fitness. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website. 

(b) Personal Use 

Kathleen Grace Fitness and their agents grant you a limited, revocable, nonexclusive license to use the Website solely for your own personal use and not for republication, distribution, public display, assignment, sublicense, sale, preparation of derivative works, compilation for an internal database or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of the Website is at the discretion of Kathleen Grace Fitness and their agents. Kathleen Grace Fitness and their agents may terminate your use of the Website at any time.

(c) Other Uses. All other use of content from the Website, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another website, reproducing the Website (whether by linking, framing or any other method), or in any other way exploiting any of the content, in whole or in part, is strictly prohibited without Kathleen Grace Fitness and their agents’ prior express written consent.

Privacy 

By submitting your personal information and using the Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of your personal information, as we deem necessary for use of the Website. 

Third Party Websites

For your convenience, the Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Website. If you choose to access any such websites, you do so at your own risk. We have no control over the contents of any such third-party websites and accept no responsibility for such websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party websites.

Disclaimers

(a) Health Disclaimer

THIS WEBSITE PROVIDES FITNESS INSTRUCTION AND INJURY INFORMATION AND CONTENT PUBLISHED OVER THE INTERNET AND IS INTENDED ONLY TO ASSIST USERS IN THEIR HEALTHY LIFESTYLE GOALS AND EFFORTS. KATHLEEN GRACE FITNESS AND THEIR AGENTS ARE NOT A MEDICAL ORGANIZATION AND OUR STAFF CANNOT GIVE YOU MEDICAL ADVICE OR DIAGNOSIS. OUR OWNER IS A CERTIFIED PILATES INSTRUCTOR AND INFORMATION WILL BE PROVIDED BASED ON HER TRAINING AND SCOPE OF PRACTICE, BUT NOTHING CONTAINED IN THIS WEBSITE SHOULD BE CONSTRUED AS INDIVIDUAL MEDICAL ADVICE OR DIAGNOSIS. THE INFORMATION AND REPORTS GENERATED BY US SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT.

YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING ANY FITNESS PROGRAM OR HEALTH REGIMEN. THIS WEBSITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS. THE WEBSITE IS NOT INTENDED FOR USE BY MINORS OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION. SUCH INDIVIDUALS, INCLUDING PREGNANT WOMEN AND WOMEN WHO HAVE RECENTLY GIVEN BIRTH, ARE SPECIFICALLY URGED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY FORM OF FITNESS PROGRAM OR REGIMEN. 

(b) Results Disclaimer

WHEN ADDRESSING HEALTH MATTERS IN ANY OF OUR WEBSITES, VIDEOS, NEWSLETTERS, PROGRAMS OR OTHER CONTENT, WE’VE TAKEN EVERY EFFORT TO ENSURE WE ACCURATELY REPRESENT OUR PROGRAM AND ITS ABILITY TO HELP YOUR HEALTH AND IMPROVE YOUR LIFE.

BY MAKING ANY PURCHASES THROUGH KATHLEEN GRACE FITNESS, YOU ACCEPT AND AGREE THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION. WE OFFER NO REPRESENTATIONS, WARRANTIES OR GUARANTEES VERBALLY OR IN WRITING REGARDING YOUR RESULTS. 

ANY STATEMENTS OUTLINED ON OUR WEBSITES, PROGRAMS, CONTENT AND OFFERINGS ARE SIMPLY OUR OPINION AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.


(c) Warranty Disclaimer 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER KATHLEEN GRACE FITNESS NOR ITS EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER KATHLEEN GRACE FITNESS NOR ITS  EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Governing Law and Choice of Forum

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Prince Edward Island and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Prince Edward Island or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Prince Edward Island and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and Conditions and our Release of Liability and Waiver of Claims constitute the sole and entire agreement between you and Kathleen Grace Fitness regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

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