Julian Brown Personal Training & Fitness
1035 N McQueen rd Suite 106 Gilbert, AZ 85233
TERMS AND CONDITIONS OF SERVICES FOR ONLINE TRAINING
By registering for any of the online coaching programs, you certify that you have received consent from your physician to participate in the programs, workouts, and exercises to be provided by Julian, in addition to agreeing to be bound by this Agreement.
The terms in this Agreement may be amended or modified at any time. This Agreement, including any amendments or modifications will be accessible on this website (www.Julianbrowntraining.com). Your continued usage after any changes are posted constitutes acceptance of each revised provision of the Agreement.
Billing Terms and Charges
If you register for any online training program, the credit card provided at purchase will be charged the specified amount(s) for the selected program. From time to time, Julian may adjust the fees charged. You are responsible for all charges associated with connecting to Julian’s website and with the training by email, including without limitation, all telephone access lines and telephone and computer equipment necessary.
Conduct and Usage
You are required to conduct yourself in a manner that is not offensive or harassing to Julian. Inappropriate language and/or behavior will result in the immediate termination of services. In such an event, You will forfeit all fees paid to Julian. Julian has the right to determine what is and is not grounds for termination.
Personal training by phone conference is available by appointment only, while other Communications may be accessed at any time. However, there may be brief periods where the website is down for routine maintenance or to correct technical difficulties. Operational hours may be subject to change at any time by Julian.
Protecting your privacy is very important to Julian. Julian may collect the following types of information from users of online training programs:
1. Demographic Information. Demographic Information is basic client information (name, e-mail, birth date, ZIP or postal code, etc.) collected and stored by Julian.
2. Fitness Profile. In order to use online training programs, you provide information about your fitness level, schedule, equipment, and other important variables.
3. Fitness Training Data. Fitness Training Data is the information and training records gathered over time from your training.
Julian uses the information that you provide for the sole purpose of providing you with quality fitness training. Julian is the only individual who will use your information. Julian DOES NOT SELL ANY OF YOUR INFORMATION TO THIRD PARTIES.
While Julian strives to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk. Once we receive your transmission, we take all reasonable efforts to ensure its security.
Use of Submissions
You grant us the right to use, reproduce, modify, distribute, and display any material, including your testimonials, that you supply or communicate to Julian for any purpose related to Julian's services.
You must be 18 years or older to purchase any product or service offered on or through www.julianbrowntraining.com.
E-mail Communication to Users
Julian will never send you SPAM (junk e-mail). We may send different types of communication to our users including but not limited to:
1. Personalized feedback and motivational messages.
2. General newsletters.
3. Special Offers.
To remove yourself from the communication list please email Julian@julianbrowntraining.com
Disclosure of Information in Certain Circumstances
Julian may disclose a user's personal information if disclosure is required by law.
Links to Third Party Sites
Julian requires that you consult with your physician before following any training instructions you receive through the Communications. Julian is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. The Communications are not a prescription system and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury or death. Not all exercises are suitable for everyone. If you feel discomfort or pain, do not continue.
You should never disregard medical advice or delay in seeking it because of something you see or read in the Communications. We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Communications. If you engage in any exercise program you receive through the Communications, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Julian from any and all claims or causes of action, known or unknown, arising out of Julian's negligence. You agree to indemnify and hold harmless Julian for any loss, liability, claim, damage, and expenses (including reasonable attorney fees) arising from or in connection with your use of the information or services you receive through the Communication.
In consideration for obtaining the Communications and participating in activities to improve your current health situation that are suggested by Julian, you do waive, release and forever discharge Julian and its owners, principals, officers, directors, licensors, agents, employees, representatives, executors and all other suppliers from any and all responsibilities and liability for injuries or damages resulting from your use of the Communications including, without limitation, any advice, suggestions, or information provided by Julian. You understand and are aware that health changes can alter your life and that you are voluntarily participating in these activities with knowledge of the risks involved. You hereby agree to expressly assume and accept any and all responsibility for your activities associated with or arising out of your use of the Communications. You hereby further declare yourself to be physically and mentally sound and suffering from no condition, impairment, disease or infirmity or other illness that would prevent your participation in any programs or activities suggested by the coach. You assume all responsibility for your participation in any programs or activities recommended by Julian. You understand the risks of your participation in fitness altering activities that may be suggested, and you voluntarily choose to participate, assuming all risks due to your participation, whether such risks are known or unknown.
While exercise programs do purvey many benefits upon the participants there are, as with many activities, some risks involved. These include but are not limited to muscular strain, skeletal dysfunction, cardio vascular dysfunction, heart attacks and even death.
YOU MUST STOP ANY SESSION AT ANY TIME YOU FEEL UNWELL OR EXPERIENCE ANY PAIN AND INFORM YOUR PHYSICIAN AND JULIAN BEFORE CONTINUING WITH ANY FURTHER EXCERISE PROGRAM.
Please ask Julian if any questions you may have regarding your exercise program or specific activities. Your participation in your exercise program is voluntary and you are free to discontinue at any time.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE COMMUNICATIONS AND THE SERVICES OFFERED BY JULIAN IS AT YOUR SOLE RISK. THE COMMUNICATIONS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JULIAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COMMUNICATIONS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JULIAN WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE COMMUNICATIONS OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE COMMUNICATIONS OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE COMMUNICATIONS OR THE SERVICES PROVIDED BY JULIAN.
PLEASE NOTE: Julian reserves the right to refuse to provide services at its discretion.
Ownership; license grant; limitations on use
You acknowledge that Julian has exclusive ownership in and to the intellectual property, trademarks, and material contained on the website and in the Communications.
Subject to the terms and conditions in this Agreement, Julian hereby grants to you a revocable, nonexclusive, non-transferable, limited license, with no right to sublicense to (i.) Access and use licensed material from Julian’s servers for personal use only and not for commercial exploitation; and (ii.) Electronically display, obtain a printout, download, and copy of licensed material for personal use only and not for commercial exploitation.
Limitations: A. You may not remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the licensed material. B. You may not reverse engineer, reverse assemble, decompile, or disassemble the licensed material or any part thereof. You may not copy, modify, distribute, translate, publish, display, disclose, rent, lease, loan, or create derivative works based on licensed material or any part thereof. C. No service bureau work or time-sharing arrangement is permitted.
"Intellectual property" means any and all patents, trade secrets, copyrights, trademarks, moral rights, know-how, inventions, processes, algorithms related to licensed material. "Licensed material" means all files and data that support the same, and content and information made available through the Communications.
The Communications contain copyrighted material. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Julian owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content available on or through the Communications, except as otherwise expressly permitted under copyright law or with the express permission of Julian and the copyright owner.
Julian assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material in the Communications. While Julian strives to keep the information on the website and in Communications accurate, complete and up-to-date, Julian and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
The laws of Commonwealth of Arizona shall govern this Agreement. Any controversy, claim, action or suit ("Actions") arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts of the Commonwealth of Arizona, and all such Actions commenced by either Julian or you shall be commenced in the courts of the Commonwealth of Arizona.
The provisions of this Agreement are severable and if any of these provisions shall be held unconstitutional or unenforceable by any court of competent jurisdiction, the decision and such court shall not impair any of the remaining provisions.
This Agreement contained the entire Agreement of the parties. No prior or contemporaneous understanding, written or oral statement, promise or inducement was made by any party, which is not contained herein. This Agreement shall not be modified, altered or amended except in writing signed by the parties.