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TERMS AND CONDITIONS
Before you watch and possibly participate in any Elise Joan Fitness workout or create your own Bliss Lists, we thank you for reading this Informed Consent & Disclaimer that protects all of us. By clicking play on ANY workout within Elise Joan Fitness and the Library, you are acknowledging that you have read and agree to the following:
Please click here to review our Privacy Policy. By becoming a member of Elise Joan Fitness, clicking play and watching any workouts offered on the Website www.elisejoanfitness.mystaging.info (the Website), I affirm that I have read this form in its entirety and I understand the nature of the risks of participating in any exercise program. I acknowledge that I participate in these exercises and workouts on the Website at my own risk, and I will not hold Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC responsible for any injuries or death, accidental or otherwise, during or arising in any way from my participation in the Website or its videos and any Bliss Lists I may create or view, in consideration for being allowed to become a member of Elise Joan Fitness. I understand that there is a risk of certain changes and injuries that may occur while following the exercise routines on the Website. As with any exercise program, I understand that I should consult with a physician to ensure that I am healthy enough to engage in the exercises provided.I understand that I should monitor my own rate of progression by closely monitoring my heart rate, breathing patterns, equilibrium and discharges. I will keep my perceived effort of exercise or rate of exertion within a safe range. I understand that I am responsible for monitoring my own condition throughout the exercise program and should any unusual symptoms occur, I will cease my participation and consult with a physician before resuming any of the workouts. 1. Acceptance of Terms This Agreement sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered on the Website as a member and user of the site and have access to member only content). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly. 2. General Registration Requirements If you wish to become a Member, communicate with other Members and otherwise make use of the Website, you must read this Agreement during the registration process. In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Elise Joan Fitness or its parent company Elise Joan, LLC reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on the Website is void where prohibited. Content content (as defined in Section 6 of this Agreement) on the Website is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC. Elise Joan Fitness and its parent company Elise Joan Enterprises, LLC reserve all rights not expressly granted in and to the Website and the Content content. You may access the Website and its content as available:- for your information and personal use;
- as intended through the normal functionality of theWebsite through Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC; and
- for Streaming, (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Elise Joan Fitness Website to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing the Elise Joan Fitness Website videos for any purpose or in any manner other than Streaming is expressly prohibited.
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including contentthat 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 music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information from other Members;
- involves commercial activities without the express prior written permission of Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
- denigrates, ridicules, or demeans another person; or
- contains a computer virus or other harmful software component.
- No Sharing. Members of Elise Joan Fitness may not share, give or sell their password or username to any other person or entity outside of your immediate family/household. Excessive viewings or logins by any Member will be construed by Elise Joan Fitness or its parent company Elise Joan, LLC as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
- Fraudulent Use. Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
- Free Trial. We require that you provide a valid credit or debit card (“Payment Source”) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial”). Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC will not bill your account only 0.01 until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC reserves the right to terminate any account that is using or trying to use more than one Trial.
- Billing. Memberships are billed monthly (Happy Baby Membership), quarterly (Warrior Membership) or yearly (Rock Star Membership). All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of this Agreement, Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC will not reimburse the Member for the remainder of any paid period, nor will reimbursements be made for membership cancellations prior to any membership renewal date. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges.
- Pricing. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC later increases the price of the subscription, Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
Biography
An Innovative and Inspiring Mind/Body Professional, Ms. Joan is a top Celebrity Trainer with Exercise TV, and the creator of several best selling DVDs. An Ambassador and community activist for lululemon athletica, Elise holds multiple fitness certifications, and has been a wellness expert and Host with Lifetime Television, ABC News, E!, EXTRA, CBS News, and Amazon.com among others.
She has been published in such magazines as ALLURE, ELLE, GLAMOUR, SELF, SHAPE, PEOPLE, LAYoga and Women’s Health.
In recent press, the Los Angeles Times & Lifetime Television named Elise a “Top Cardio Dance” instructor, and her techniques met rave reviews at FitCeleb.com, AOL Health, & Young Hollywood.com.Elise’s unique fitness style & inspiring yoga flows are highly influenced by her early years as a soloist with a Ballet Company in Virginia, and her previous career as an actor; both onstage in New York City, and on camera in Los Angeles.
Elise is an International Ambassador for ZICO Coconut Water, a Team Zico athlete, a top trainer for Red Bull, and a model/ Brand Ambassador for lululemon.A headlining teacher for Wanderlust 2014, Elise has led Yoga retreats all over the world from Africa to Costa Rica to the Galapagos Islands.
Ms. Joan holds a B.A. in Theater from The College of William and Mary, and currently lives and teaches in Los Angeles.
TERMS AND CONDITIONS
Before you watch and possibly participate in any Elise Joan Fitness (EJF) workout or create your own Bliss Lists, we thank you for reading this Informed Consent &Disclaimer that protects all of us. By clicking play on ANY workout within Elise Joan Fitness and the EJF Library, you are acknowledging that you have read and agree to the following:
Please review our Privacy policy.
By becoming a member of Elise Joan Fitness (EJF), clicking play and watching any workouts offered on the Website www.elisejoanfitness.mystaging.info (the Website), I affirm that I have read this form in its entirety and I understand the nature of the risks of participating in any exercise program. I acknowledge that I participate in these exercises and workouts on the Website at my own risk, and I will not hold Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC responsible for any injuries or death, accidental or otherwise, during or arising in any way from my participation in the Website or its videos and any Bliss Lists I may create or view, in consideration for being allowed to become a member of EJF. I understand that there is a risk of certain changes and injuries that may occur while following the exercise routines on the Website. As with any exercise program, I understand that I should consult with a physician to ensure that I am healthy enough to engage in the exercises provided.I understand that I should monitor my own rate of progression by closely monitoring my heart rate, breathing patterns, equilibrium and discharges. I will keep my perceived effort of exercise or rate of exertion within a safe range. I understand that I am responsible for monitoring my own condition throughout the exercise program and should any unusual symptoms occur, I will cease my participation and consult with a physician before resuming any of the workouts.
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered on the Website as a member and user of the site and have access to member only content). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Member, communicate with other Members and otherwise make use of the Website, you must read this Agreement during the registration process. In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Elise Joan Fitness or its parent company Elise Joan, LLC reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on the Website is void where prohibited.
Content content (as defined in Section 6 of this Agreement) on the Website is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC. Elise Joan Fitness and its parent company Elise Joan Enterprises, LLC reserve all rights not expressly granted in and to the Website and the Content content.
You may access the Website and its content as available:
- for your information and personal use;
- as intended through the normal functionality of the Website through Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC; and
- for Streaming, (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Elise Joan Fitness Website to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing the EJF Website videos for any purpose or in any manner other than Streaming is expressly prohibited.
3. Health Disclaimer
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested in a workout on the Elise the Elise Joan Fitness Website, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the videos on the Website. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing EJF videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities on the Website, you will not exceed your limits while performing such activity, and you will select the appropriate level of participation for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You expressly waive and release any claim that you may have at any time for injury of any kind against Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC, or any person or entity involved with them, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
4. Minors
By providing information about yourself to Elise Joan Fitness or its parent company Elise Joan, LLC you are representing that you are eighteen (18) years of age or older. Minors in your household participating in these videos are under your responsibility and safekeeping.
5. Member Account, Password and Security
If you register on the Website, you will be required to choose a password and user name. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Member’s account without prior authorization from Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC. Elise Joan Fitness and its parent company Elise Joan Enterprises, LLC will not be liable for any loss or damage arising from your failure to comply with this Agreement.
6. Prohibited Conduct
You agree not to use any portion of the EJF Website, including Ask Elise, inappropriately, or otherwise transmit content (including information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials) that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including content that 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 music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information from other Members;
- involves commercial activities without the express prior written permission of Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
- denigrates, ridicules, or demeans another person; or
- contains a computer virus or other harmful software component.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the servers for Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
7. Responsibility for content
You are entirely responsible for all content that you post, email, transmit or otherwise make available via the Website. Under no circumstances will Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred at any time as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service.
8. Rejection/Removal of Content
You acknowledge that Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any content or portion thereof that is available via the Website, for any reason. Without limiting the foregoing, Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC shall have the right to remove from the Website any content that violates this Agreement or is otherwise objectionable at its sole discretion.
9. Termination or Suspension of Account
You agree that Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC may at any time and for any reason, including a period of account inactivity, terminate your access to theElise Joan Fitness Website, or restrict or suspend your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.
10. Preservation/Disclosure
You acknowledge, consent and agree that Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC, its Members and the public; or (f) pursuant to the terms of the Privacy Policy.
11. Security Components
You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.
Some of the software on the Website is protected by a pending patent application.
12. Proprietary Rights
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without prior express written permission from Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC’s. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
13. Non-commercial Use
The Website may not be used in connection with any commercial purposes, except as specifically approved by Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC. Unauthorized framing of or linking to any of the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and content without notice and may result in termination of membership privileges.
14. License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any content on or through the Website, you hereby grant to Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sub-license through unlimited levels of sub-licensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such content on and through the Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any content from the Website, your ability to do so may depend on the type of content, the location and manner of posting, and other factors. You may contact us to request the removal of certain content you have posted, but Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC has no obligation to remove any such content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any content Posted by you may remain on Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC servers after the content appears to have been removed from the Website, and Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all content posted by you on or through the Website, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your content on or through the Website does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
15. Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC and Third Parties
Our Website contains content of Elise Joan Fitness or its parent company Elise JoanEnterprises, LLC. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any content appearing on or through the Website.
Any reference to any third party on the Website is provided to you for informational purposes only. Elise Joan Fitness and its parent company Elise Joan Enterprises, LLC encourage you to conduct your own research and due diligence regarding such third parties and their products and services. While Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC work to ensure the information on the Website is current and accurate, we do not warrant the accuracy of any information contained on the Website or its fitness for any particular purpose.
16. Other Sites
Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. If you decide to access any such linked website, you do so at your own risk.
17. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
18. Privacy Policy
Elise Joan Fitness and its parent company Elise Joan Enterprises, LLC respect your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in their Privacy Policy. A complete statement of the current privacy policy can be found herein.
19. Infringement Policy
Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC reserve the right in its sole discretion to immediately suspend and/or terminate access to the Website by any user who is alleged to have infringed on the intellectual property rights of Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC or of a third party, or otherwise violated any intellectual property laws or regulations. Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC to delete, edit, or disable the material in question, you must provide all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC to locate the material; (d) information reasonably sufficient to permit Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC by email with a return receipt acknowledgement.
20. Member Disputes
You are solely responsible for your interactions with other Members. Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members within our forums and comment sections.
21. Terms and Termination
This Agreement shall remain in full force and effect for so long as it is posted on any of the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. If you cancel your membership after 24 hours but before the end of the applicable billing cycle, you will not receive a refund for the current billing period. Access to the site ends the moment you terminate your membership.
Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC believes that you have breached any of the terms of this Agreement, furnished Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC with false or misleading information, or interfered with use of the Website by others.
22. Membership
- No Sharing. Members of Elise Joan Fitness may not share, give or sell their password or username to any other person or entity outside of your immediate family/household. Excessive viewings or logins by any Member will be construed by Elise Joan Fitness or its parent company Elise Joan, LLC as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
- Fraudulent Use. Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
- Free Trial. We require that you provide a valid credit or debit card (“Payment Source”) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial”). Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC will not bill your account only 0.01 until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC reserves the right to terminate any account that is using or trying to use more than one Trial.
- Billing. Memberships are billed monthly (Baby Bliss Membership), quarterly (Warrior Membership) or yearly (Rock Star Membership). All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of this Agreement, Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC will not reimburse the Member for the remainder of any paid period, nor will reimbursements be made for membership cancellations prior to any membership renewal date. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges.
- Pricing. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC later increases the price of the subscription, Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
23. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS TO THE FULLEST EXTENT PERMITTED BY LAW, ELISE JOAN FITNESS OR ITS PARENT COMPANY ELISE JOAN ENTERPRISES, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ELISE JOAN FITNESS OR ITS PARENT COMPANY ELISE JOAN ENTERPRISES, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ELISE JOAN FITNESS OR ITS PARENT COMPANY ELISE JOAN ENTERPRISES, LLC SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
ELISE JOAN FITNESS OR ITS PARENT COMPANY ELISE JOAN ENTERPRISES, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ELISE JOAN FITNESS OR ITS PARENT COMPANY ELISE JOAN ENTERPRISES, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
24. Limitation on Liability
IN NO EVENT SHALL ELISE JOAN FITNESS OR ITS PARENT COMPANY ELISE JOAN ENTERPRISES, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ELISE JOAN FITNESS OR ITS PARENT COMPANY ELISE JOAN ENTERPRISES, LLC SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ELISE JOAN FITNESS OR ITS PARENT COMPANY ELISE JOAN ENTERPRISES, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ELISE JOAN FITNESS OR ITS PARENT COMPANY ELISE JOAN ENTERPRISESLLC SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
NO COMMUNICATION OF ANY KIND BETWEEN YOU AND ELISE JOAN FITNESS OR ITS PARENT COMPANY ELISE JOAN, LLC OR A REPRESENTATIVE THEREOF SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
ELISE JOAN FITNESS OR ITS PARENT COMPANY ELISE JOAN ENTERPRISES, LLC RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE WEBSITE THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE.
25. Exclusions and Limitations
Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
26. Indemnity
You agree to defend, indemnify and hold harmless Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
27. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium content through the Website, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
28. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website.
29. Assignment
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC without restriction.
30. Integration Clause
This Agreement together with the Privacy Policy and any other legal notices published by Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC on the Website, shall constitute the entire agreement between you and Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC concerning the Website and governs your use of the Website, superseding any prior agreements between you and Elise Joan Fitness or its parent company Elise Joan, LLC with respect to the Website and Service.
31. Waiver and Severability of Terms
The failure of Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
32. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
33. Governing Law and Venue
This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Elise Joan Fitness or its parent company Elise Joan, LLC that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles.
You agree that: (a) the Website shall be deemed solely based in California; and (b) the Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC Website shall be deemed a passive website that does not give rise to personal jurisdiction over Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC, either specific or general, in jurisdictions other than California.
34. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
35. General
Elise Joan Fitness or its parent company Elise Joan Enterprises, LLC reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
36. Questions
If you have any questions or comments regarding this Agreement or the Website, feel free to contact us by email at support@elisejoanfitness.mystaging.info.
Elise Joan Fitness PRIVACY POLICY
At Elise Joan Fitness (EJF) and Elise Joan Enterprises, LLC we recognize that privacy is important and we are committed to protecting your privacy rights (“Policy”). We use the information we collect about you to process orders, to improve the content of the Website and to provide a more personalized experience. We may also use it to periodically inform you about changes on our Website and new products and services. We do not sell, trade or rent your personal information to others.
If you have any questions about this Policy, please feel free to contact us.
By using the Service, you consent to the collection and use of your personal information as outlined in this Policy. As this Policy may be amended from time to time, you should visit this page periodically to review any changes to the Policy. Through your continued use of the Website after changes are made to the Policy, you accept the Policy as modified.
Information you provide – When you sign up for EJF Website we ask you for personal information (such as your name, e-mail address and an account password and may require your date of birth, gender, mailing and billing address, and zip code). At the time you register as a member or during your free trial period, we also request credit card or other payment account information which we maintain in encrypted form on secure servers.
We also use your name, e-mail address and other information on our system to notify you of new videos in the EJF library, service notifications, events, and to solicit your feedback and input
Cookies – When you visit EJF, we send one or more cookies – a small file containing a string of characters – to your computer that uniquely identifies your browser. We use cookies to improve the quality of our Service by storing user preferences and tracking user trends. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some EJF features and services may not function properly if your cookies are disabled. Cookies collect the date and time of your visit and your registration information.
These cookies may either be permanent or temporary. This means some cookies stays on your hard drive until you delete it. You can delete our cookie at any time by following the instructions contained in your browser’s help file, or by contacting that company providing your browser’s technical support. EJF does not use cookies to store information such as credit card numbers, telephone numbers, or any other sensitive information.
EJF may use cookies to deliver content specific to your interests, to save your password so you don’t have to re-enter it each time you visit our site, or for other purposes.
Activity Information – In order to provide the best possible service and to allow us to make certain internal reports and make recommendations, we collect aggregate information about the use of the EJF Website, including information about users accessing the Website such as internet protocol addresses, browser type, browser language, referring / exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time. By using the EJF Website, you consent to our retaining all of your Activity Information.
IP Address – An Internet Protocol (IP) address is a number that’s automatically assigned to your computer whenever you’re surfing the Web. We may retain your IP address in order to help us diagnose problems with our servers, to administer our Website, to help identify you, to gather broad anonymous demographic information (such as the number of visitors from a geographic area), to enforce compliance with the Website terms and conditions, or otherwise in order to protect our services, sites, customers, or others.
Log information – When you use the EJF Website, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, IP address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
User communications – When you send email or other communication to the EJF Website, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
Links – The EJF Website may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our Website.
Other websites – This Policy applies to websites and services that are owned and operated by Elise Joan Fitness and the parent company Elise Joan Enterprises, LLC. We do not exercise control over the websites displayed as search results or links from within our various services. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you.
Personal information – We may use your personal information for the purposes described in this Policy and/or privacy notice for specific services. Such purposes include, but are not limited to:
Sharing information to our business partners who perform core services (such as hosting, billing, data storage, security, and reporting services) related to the operation of the Website and Service;
Verifying your identity;
Following up with transactions initiated on the Website;
Auditing, research and analysis in order to maintain, protect and improve our services;
Ensuring the technical functioning of our network; and
Developing new services.
EJF and Elise Joan Enterprises, LLC process personal information on its servers in the United States of America and in other countries. In some cases, we process personal information on a server outside your Should we provide personal and non-personal information to third parties or persons for the purpose of processing personal information on our behalf, we require that these parties agree to process such personal information based on our instructions and in compliance with the appropriate confidentiality and security measures.
We may also disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on EJF and Elise Joan Enterprises, LLC, (2) protect and defend the rights or property of EJF and Elise Joan Enterprises, LLC or the users of the Website, or (3) act under exigent circumstances to protect the safety of the public or users of the Website.
Choices for personal information – When you sign up for the membership in EJF, we ask you to provide personal information. If we use this information in a manner different than those described in this Policy and/or in the specific service notices, then we will ask for your consent prior to such use.
If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, and you decline, EJF and Elise Joan Enterprises, LLC may not be able to provide its Service to you.
We do not currently maintain any procedures for you to review the information that we collect about you.
Information Security – We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to EJF and Elise Joan Enterprises, LLC employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
However, please note that no data transmission over the Internet can be guaranteed to be 100% secure, so while EJF and Elise Joan Enterprises, LLC strives to protect your information, we cannot ensure or warrant the security of any information that you voluntarily give to EJF and Elise Joan Enterprises, LLC.
Third party links, co-brand relationships and public forums – In an attempt to provide increased value to our visitors, EJF and Elise Joan Enterprises, LLC may choose various third party websites to link to, link from, and frame within, the Website. However, we have no control over these linked sites, each of who have separate privacy and data collection practices independent of EJF and Elise Joan Enterprises, LLC. We have no responsibility or liability for these independent policies or actions, and are not responsible for the privacy practices or the content of any such web sites. Please make sure you are comfortable with the privacy practices of every site you visit before providing the site with your personal information. These linked sites are only for your convenience and you therefore access them at your own risk.
We also may make forums and message boards available to you on the Website. Please remember that we cannot control the information that is shared by members and that anything you voluntarily provide in any public area of the Internet will be publicly available to other visitors on that web site and potentially to other third parties. Thus, please note that you should always exercise caution when deciding to publicly disclose any of your personal information in these and similar areas.
EJF and Elise Joan Enterprises, LLC regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or EJF and Elise Joan Enterprises, LLC treatment of personal information by contacting us.
When we receive formal written complaints at this address: support@elisejoanfitness.mystaging.info. It is our policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Elise Joan Fitness, LLC and an individual.
EJF and Elise Joan Enterprises, LLC do not knowingly collect personally identifiable information from anyone under eighteen (18) years of age, but if we do become aware of having collected personally identifiable information from a user who is younger than eighteen (18) years of age, we will remove such information from our files.
Please note that this Policy may change from time to time. We will not reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including email notification of Policy changes). Each version of this Policy will be identified at the bottom of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.
A complete statement of our Terms and Conditions of Use can be found on the Website. EJF and Elise Joan Enterprises, LLC Terms and Conditions of Use are expressly incorporated into this Policy by this reference.
By using our Website, you consent to the collection and use of information by EJF and Elise Joan Enterprises, LLC as set forth in this Policy. If we decide to change our Policy, we will post those changes on this page so that you will always be aware of what information we collect, how we use it, and under what limited circumstances we disclose it. Continued access or use of the Website shall constitute your express acceptance of any modifications to this Policy
