Terms and Conditions
Agreement between User and http://www.emmakfitness.com
Welcome to http://www.emmakfitness.com. The http://www.emmakfitness.com website (the “Site”), and the Emma K Fitness app (the “App”) is comprised of various web pages operated by Emma K Fitness. http://www.emmakfitness.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of http://www.emmakfitness.com and the Emma K Fitness app constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
http://www.emmakfitness.com is an E-Commerce Site.
Helping you create a lasting lifestyle around your fitness goals. Using the fitness app and guidance from your trainer, you will learn how to create that lifestyle and have those accomplished goals stick for life.
Visiting http://www.emmakfitness.com or sending emails to Emma K Fitness constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, and/or the app, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Emma K Fitness is not responsible for third party access to your account that results from theft or misappropriation of your account. Emma K Fitness and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Payment + Month to Month
1. A one time payment must be payable up front, in full, or;
2. Month to month paymets can be payablee if that is the option selected;
3. Client agrees to render payment via credit on the Emma K Fitness website, or invoice sent. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via the Emma K Fitness website or a designated third-party payment processor of Emma K Fitness’ choosing, in full.
4. Client understands the cost of the program is payable in full, or via a month to month option, which Client will select at the time of purchase.
5. Client understands that choosing the month to month plan and agrees that following the first payment, the following payments will be automatically deducted using the same mode of payment that was used to make the initial payment. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands the remainder of the program may be forfeited if payment is not made within five days of the date it is due. Client’s decision to cease use of the online program for any reason does not eliminate Client’s responsibility to complete the payment plan as agreed upon. Payment in full is required regardless of use, happiness with product, or results. Emma K Fitness reserves the right to send Client to collections for any outstanding monies due and owed under this Agreement. Client shall be liable for any costs Company incurs relating to collecting defaulted payments, including but not limited to legal fees.
Client understands and agrees that his/her credit card used to make the initial payment in the month to month option will be automatically charged for each of the following monthly payments thereafter, on or about the same date of the following month.
6. Emma K Fitness reserves the right to cancel Client’s access to the online program should he/she fail to make additional payments in accordance with the monthly plan as agreed upon. Should this occur, Client understands he/she is not entitled to a refund of funds already issued to the Emma K Fitness program in exchange for workouts completed thus far, and it is up to the sole discretion of Emma K Fitness whether the Client is to have continued access to any exercises, meal plans, app access, or other materials made available to Client during the Program up until payments were missed.
1. Emma K Fitness truly believes in its service, which has been applied and proven by many clients of the program. It believes the methods work, but only if the Client is dedicated to the process. Nevertheless, Emma K Fitness offers a conditional 10-day refund under the following circumstances:
2. In the event Client desires a refund, Client must contact the team at firstname.lastname@example.org within the first ten(10) days from the date the program was purchased. Within this 10 day window, a representative from Emma K Fitness will schedule a call with Client to discuss the basis for the request, and provide Client with a refund request form to complete, that will allow client to submit any necessary evidence of the training program that was completed. Client MUST speak to an Emma K Fitness rep to be able to receive a refund. Once a call has been offered, Client must accept and complete the call within 7 days of the date it is offered. Any and all requests for refunds will be decided by the Emma K Fitness team and within Emma K Fitness’ sole and exclusive discretion. If a refund is granted, Client can expect reimbursement thirty (30) days after cancellation of the Program in the same manner in which payment was made. If a refund is not granted, Client understands he/she remains financially responsible for payment in full of the Program, and as long Client has received access to the training program and it’s materials, Client has no further recourse regarding refunds.
3. Client understands he/she will be forfeiting any and all access to the Program and it’s materials/benefits if a refund is issued, including but not limited to training calendar, app access, email list, call schedules, and all other information included within the Program.
4. Due to the subjective nature of the Program provided by Emma K Fitness, and inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in the Program, Emma K Fitness is not able to offer refunds after these 10 days. Please conduct any and all necessary research to determine if this online program is right for you prior to purchasing – after the 10 day period, all purchases are final, and Client is responsible for the full payment of all program fees, whether or not Client completes the Program. If Client purchased the Program with a month to month option, all payments must be made. If cancellation is needed, a 7 day notice is required prior to the next billable date.
Children Under Thirteen
Emma K Fitness does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.emmakfitness.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
http://www.emmakfitness.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Emma K Fitness and Emma K Fitness is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Emma K Fitness is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Emma K Fitness of the site or any association with its operators.
Certain services made available via http://www.emmakfitness.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.emmakfitness.com domain, you hereby acknowledge and consent that Emma K Fitness may share such information and data with any third party with whom Emma K Fitness has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.emmakfitness.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Emma K Fitness or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Emma K Fitness content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Emma K Fitness and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Emma K Fitness or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Emma K Fitness account to third party accounts. By connecting your Emma K Fitness account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Emma K Fitness from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Emma K Fitness Content accessed through http://www.emmakfitness.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Emma K Fitness, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Emma K Fitness reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Emma K Fitness in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EMMA K FITNESS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
EMMA K FITNESS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. EMMA K FITNESS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Emma K Fitness reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Emma K Fitness as a result of this agreement or use of the Site. Emma K Fitness’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Emma K Fitness’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Emma K Fitness with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Emma K Fitness with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Emma K Fitness with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Emma K Fitness reserves the right, in its sole discretion, to change the Terms under which http://www.emmakfitness.com is offered. The most current version of the Terms will supersede all previous versions. Emma K Fitness encourages you to periodically review the Terms to stay informed of our updates.
Emma K Fitness welcomes your questions or comments regarding the Terms:
Emma K Fitness
1271 Semoran Blvd
Casselberry, Florida 32807
Effective as of February 01, 2022 | Copyright 2022 Emma K Fitness ©