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.

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 Elise Joan Fitness 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 Elise Joan Fitness 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 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.

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

Youare 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 fromE lise 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 JoanEnterprises, LLC a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) 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 Joan Enterprises, 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 theirPrivacy 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 (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.

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 JOANENTERPRISES, 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 JOANENTERPRISES, 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 JOANENTERPRISESLLC 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 JoanEnterprises, LLC without restriction.

30. Integration Clause

This Agreement together with the Privacy Policyand 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 Websiteor 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.