Terms and Conditions of Use for Rozz Fitness LLC. 

Last Updated on 1-10-2022

NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of my products, including online courses.

 General Provisions 

This website is owned and operated by Rozz Fitness LLC, an Austin TX company.

You must be at least sixteen years of age to use this website. The use of this website is at Your own risk. I host my site on a reputable platform and take reasonable efforts to maintain and host the site. However, I make no explicit representations or warranties as to the safety or Your individual use of the website. The Terms and Conditions of Use contained on this page are subject to change at any time.

Product Purchaser Agreement

All programs, products, and services are owned and provided by Rozz Fitness LLC. (“Company” or “Me” or “I” or “My”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access the Company’s Offering. I reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of My Terms and Conditions of Use, please email Me at Ryan[at]rozzfitness.com and I will make reasonable efforts to remove Your name, email, and access to My Offering and website(s).

Your Product or Course Use and Consent  

When You purchased My Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

You agree You are at least 18 years old or of age in Your applicable jurisdiction to access the Offering. Access of My Offering and related materials by a minor is a violation of use, and I reserve the right to terminate Your access if such an issue is discovered.

Intellectual Property Notice

All images, text, designs, graphics, trademarks and service marks are owned by and property of Rozz Fitness LLC, or the properly attributed party. It is a violation of federal law to use any of My intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should I choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using My intellectual property immediately.

You may NOT use My intellectual property in any way, which includes republishing any text, image, design or other property on another website, or posting a quote or image from My site to any third party website including social media. I have spent lots of time and money building the intellectual property located on this site and in order to maintain the integrity of it, I cannot allow any third party use.

Online Course Intellectual Property

Limited License

Any and all materials, paid or free, that You access on this or any related domains that contain My Offering are under the sole ownership or licensed use of Rozz Fitness LLC.

To be clear, I own My page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials or related communications.

You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, You have committed infringement in a manner that materially harms Me, and I have the right to seek damages and/or an injunction to remedy the situation until I am made whole.

You may:

– Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member)

– Download and/or print any Offering materials for Your personal use in Your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member)

– Use My trademarks and copyrighted materials with My consent and proper credit and marking, namely, citing © Rozz Fitness LLC as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.

You may not:

– Re-sell or trade Your access to the Offering

– Share the Offering with anyone else who has not yet purchased it or opted in to receive it

– Reprint or republish any of the Offering, in part or in whole

– Distribute any of the materials contained in the Offering or related materials and/or communications as Your own, otherwise known as stealing

– Reproduce and tweak any part or whole of the Offering for distribution as Your own work

– Claim ownership or use over any of My intellectual property without My prior consent, which includes (but is not limited to): copyrights such as workout plans, meal plans, course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials)

– Use My Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s)

Request for Permission to Use Content

If You wish to use, publish or access any of My Content, Offering(s) or related materials, You must do so by requesting permission prior to commencing use of the same by emailing Me at Ryan[at]rozzfitness.com

Civil and Criminal Penalties

Even though My Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe or otherwise violate these Terms and Conditions of Use. I reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Texas State by opting into or purchasing any Offering or accessing its related communications and/or materials.

Your Materials and Contributions

By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by Me, including but not limited to third party access sites, such as My Facebook group(s) or online software platforms that I use to distribute My Offering and related materials, You agree that I have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that I may not do so with said submission. You have no right to privacy by accessing My Offering or related materials, and I reserve the right to disclose Your participation in the same.

Model Release

You must own the copyright to any image(s) You use by default or voluntarily on My platforms or in My Offering or related materials. You grant Me a commercial license to any image(s) You submit to Me by default, such as a Facebook profile photo or other profile image You voluntarily provide in accessing the Offering, or voluntarily upon My request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.

Notification of Use 

I am not obligated to notify You or anyone in photographs of My publication or other use of any image or images You submit by default or voluntarily.

Security and Assumption of Risk  

Security

It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. I do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe or Square. By utilizing these payment processors to gain access to the Offering, You indemnify Me and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

Confidentiality 

You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

Assumption of Risk

By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information or educational materials provided to You.

Your Communications

Any communications made through My ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to My phones or mailing or email addresses are not held privileged or confidential and are subject to viewing and distribution by third parties. I own any and all communications displayed on My website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how I store and use Your communications or any data provided by You in those communications, please refer to My Privacy Policy on this page.

I maintain a right to republish any submission in whole or in part as reasonably necessary in the course of My business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate

Disclaimers

My website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless My website and company for any direct or indirect loss or conduct incurred as a result of Your use of My website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While I may reference certain results, outcomes or situations on this website, You understand and acknowledge that I make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal or financial questions, You should consult a medical professional, lawyer or CPA and/or CFP respectively. I expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses or the materials contained herein.

This website is updated on a regular basis and while I try to make accurate statements in a timely and effective manner, I cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Me know, please email Me at Ryan[at]rozzfitness.com.

Earnings Disclaimer

You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches My Offering(s) with different backgrounds, disposable income levels, motivation and other factors that are outside of My control. Therefore, I cannot guarantee Your success merely upon access or purchase of My Offering(s) or related material(s).

General Disclaimer

To the fullest extent permitted by law, I expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by You or others in connection with My Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. I am not medical, legal, financial or other professionals, or if I am, during the course of this Offering and related material(s), I am not offering My professional services and You expressly agree I am not acting in any professional capacity, including medical, legal, financial or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, financial advice.

Always consult Your physician or health care provider before beginning any nutrition or exercise program. If You choose to use this information without prior consent of Your physician, You are agreeing to accept full responsibility for your decisions and agreeing to hold harmless Rozz Fitness LLC, its agents, employees, contractors and any affiliated companies from any liability with respect to injury or illness to You or Your property arising out of or connected with Your use of the information contained within My Offerings(s), this program, other programs, My email newsletter or My website.

All specific medical questions should be presented to Your own health care provider and You should seek medical advice before starting any type of nutrition or weight loss or workout program.

Rozz Fitness LLC and/or my affiliates make no warranties or representations, express or implied, as to the accuracy or completeness, timeliness or usefulness of any opinions, advice, services or other information contained or referenced in this program, other programs, our email newsletter and our website. Rozz Fitness LLC and/or my affiliates do not assume any risk for Your use of this program, other programs, my email newsletter and my website. Users of this program, other programs, my email newsletter and my website should be aware that the materials and content contained in this program, other programs, my email newsletter and my website are only updated periodically; such materials or content may not contain the most recent information available.

Developments in medical research may impact the health, fitness and nutritional advice that appears in this program, other programs, my email newsletter and my website. No assurance can be given that the advice contained in this program, other programs, my email newsletter and my website will always include the most recent findings or developments with respect to the particular material.

If You are in the United States and think You are having a medical or health emergency, call Your health care professional or 911 immediately.

Rozz Fitness LLC reserves the right to update or change information contained in this program, other programs, my email newsletter, and my website at any time. Rozz Fitness LLC is not responsible for information appearing at hyperlinks.

Exercise and nutrition counseling are not without risks and this or any other exercise program may result in injury. As with any exercise program, if at any point during Your workout You begin to feel faint, dizzy or have physical discomfort, You should stop immediately and consult a medical professional. If at any point during nutrition counseling You feel unwell or have physical discomfort, You should stop treatment immediately and consult a medical professional. You should rely on Your own review, inquiry and assessment as to the accuracy of any information made available within this program or via this web site.

You agree to defend, indemnify and hold harmless Rozz Fitness LLC, other affiliated companies and their employees, contractors, officers and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of your exercise and nutrition programs and/or nutrition counseling or other information made available on the web site.

I advise You to take this program information to Your doctor to gain a medical clearance before beginning Your program. The exercise program may not suitable if You suffer from high blood pressure.

Third-Party Disclaimer

You acknowledge and agree that I am not liable for any defamatory, offensive or illegal conduct of any other participant or user, including You.

Warranties Disclaimer

I MAKE NO WARRANTIES AS TO MY PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. I DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Errors and Omissions

I make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in My Offering(s). I am not liable for any inaccuracies, errors or reliance on personal opinions contained in My Offering(s) or related material(s).

Indemnification, Limitation of Liability and Release of Claims

Indemnification 

You agree at all times to indemnify and hold harmless My Company, as well as any of My affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to My Offering(s) .

Limitation of Liability

I will not be held responsible or liable in any way for the information, products or materials that You request or receive through or in relation to My Offering(s). I do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of Your access of My Offering(s) and related material(s)

Affiliates

This site may use affiliate links to sell certain products or services. I disclaim any and all liability as a result of Your purchase through one of these links. I will use reasonable efforts to notify You when and where I have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Termination

If at any time I feel You have violated these Terms and Conditions of Use, then I shall immediately terminate Your use of My website and any related communications as I deem appropriate. It is within My sole discretion to allow any user’s access of My website, and I may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to My site(s).

Financial Considerations

No Shows/ Missed Appointments / Cancellations

In order to provide the most professional session for You, please understand that Your appointment will begin at Your scheduled time (if by video or phone, please sign-in to the session on time). If You arrive late, Your session will be shortened to accommodate others who have appointments following Yours and You will be charged for the missed time. There may be times You need to reschedule or cancel Your appointment. For personal training sessions, if you cancel Your appointment within the 24-hour window you will be billed for 100% your appointment fee (except in case of illness or emergency). For nutrition counseling services, You must cancel your appointment 48 hours (2 business days) in advance of your appointment time. The cancellation fee for the Initial Functional Nutrition Consult is 50% your appointment fee. All other nutritional services canceled within the 48-hour window are billed at 100% your appointment fee. If you do not show up for your appointments without a notice of cancellation, you will be charged in the full amount of the appointment fee. If you need to cancel a session, please alert my immediately!

If so, please notify myself, Ryan Rossignol at least 24 hours in advance of Your appointment. For personal training sessions, if You cancel Your appointment within the 24-hour window you will be billed for 100% your appointment fee (except in case of illness or emergency). For nutrition counseling services, if You cancel Your appointment within this 24-hour window You will be billed for 50% Your appointment fee (except in case of illness or emergency). If You do not show up for Your appointment (personal training or nutrition counseling) without a notice of cancellation, You will be charged in the full amount of the appointment fee.

Payment Fees

Payment Fees are due at the time of service. Failure to do so will result in the cancellation of Your appointment. Payment is accepted in the form of either:

∙ Cash

∙ Check – payable to Rozz Fitness LLC; please note a charge of $20 for any returned checks

∙ Credit card

Refunds

No refunds are issued after an appointment or service has occurred. By signing this form, You acknowledge and understand that individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches nutritional counseling with different backgrounds, disposable income levels, motivation, and other factors outside of the Functional Nutritionist and personal trainers’ control. Thus, I cannot guarantee your success merely on the purchase and completion of my offerings.

Recurring Payments

If You have signed up for recurring payments, You hereby authorize My continued access to Your financial information stored by My third party financial processing company referenced in this Agreement until You discontinue services, as set forth in Your acceptance of the purchase terms upon checkout.

Chargebacks

You agree to make every attempt to file a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of My bonuses, affiliate bonuses or other materials afforded to You in exchange for Your original purchase of My Offering. I reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.

Dispute Resolution

If You and My Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.

Non-Disparagement 

If You are found to be slandering, libeling or otherwise disparaging My Company, Offering(s) or related materials at My discretion, You will be immediately removed from the Offering(s) and any related communications. I reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm My Company.

Entire Agreement

Before You register with My website or make any purchases therefrom, You will be asked to consent to My Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions of Use, the information contained herein constitutes the entire agreement between site users and My company relating to the use of this website.

Severability

If any part of these Terms and Conditions of Use or My Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect

Law and Jurisdiction

These Terms and Conditions of Use and My Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Texas, United States.

Consent

By using My website, You hereby consent to My Terms and Conditions of Use.

If You require any more information or have any questions about My Terms and Conditions of website use, or My Privacy Policy, please feel free to contact Me by email at Ryan[at]rozzfitness.com.

All Rights Reserved

All rights not expressly granted in these Terms and Conditions of Use or any express written here are reserved by Company.

Contact

If You have any questions about any term of these Terms and Conditions of Use, please contact Us at Ryan[at]rozzfitness.com. Thank You.