Terms and Conditions for Eisley Fitness

Effective Date: November 7, 2024

These Terms and Conditions ("Terms") govern your use of the services, website, and content provided by Eisley Fitness ("we," "our," or "us"). By accessing or using our website, signing up for our programs, or purchasing any services, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our services or website.

1. Services Provided

Eisley Fitness offers online fitness coaching services, including but not limited to personalized workout plans, coaching sessions, fitness tracking, nutritional advice, and related content ("Services"). These Services are provided on a subscription or one-time payment basis depending on the specific plan or package you select.

2. Eligibility

By using our Services, you confirm that you are at least 18 years old, or have the legal capacity to enter into these Terms in your jurisdiction. If you are under 18, you may use our Services only with the involvement of a parent or guardian.

3. Account Creation

To access certain features of our Services, you may be required to create an account by providing personal information such as your name, email address, and payment information. You are responsible for maintaining the confidentiality of your account details and password. You agree to notify us immediately if you suspect any unauthorized use of your account.

4. Use of Services

You agree to use our Services in accordance with all applicable Texas state and federal laws and regulations. You will not use the Services for any unlawful, harmful, or fraudulent activities. You further agree to not misuse or interfere with the Services, website, or any other systems used to provide the Services.

5. Payment and Subscription Terms

• Pricing: Our Services are priced as described on our website or in the specific offer you have selected. All payments are due upon purchase or at the time specified in your subscription plan.

• Billing: Payments for services are processed through third-party payment gateways. You agree to provide accurate billing information and authorize us to charge your payment method for the applicable fees.

• Subscription and Renewals: Subscriptions may be billed on a recurring basis (monthly, annually, etc.). You will be notified in advance of any automatic renewals. You may cancel your subscription at any time by following the instructions on the website or by contacting us directly. Cancellations will take effect at the end of the current billing cycle, and no refunds will be provided for unused portions of subscriptions.

6. Refunds and Cancellations

• One-time Services: For one-time purchases (e.g., single coaching sessions or specific fitness plans), you may request a refund within 14 days from the date of purchase. Refund requests must be submitted in writing to eisley@eisleyfitness.com.

• Subscriptions: Subscriptions can be canceled at any time. However, no partial refunds will be issued for unused portions of your subscription. Cancellations will take effect at the end of the current billing cycle.

• Texas Law: As per Texas law, we will process any valid refunds within 30 days of request for applicable purchases.

7. Intellectual Property

All content provided by Eisley Fitness, including workout plans, videos, images, logos, trademarks, and other materials (the "Content"), is protected by copyright and intellectual property laws. You may access and use the Content solely for personal, non-commercial purposes and may not reproduce, distribute, or modify the Content without our express written consent.

8. User Content

You may have the opportunity to share content, including workout progress, photos, feedback, or comments, with us or other users ("User Content"). By submitting User Content, you grant Eisley Fitness a non-exclusive, royalty-free, worldwide license to use, modify, and display the User Content in connection with our Services. You represent and warrant that you have the rights to submit the User Content and that it does not violate any third-party rights.

9. Health Disclaimer

Our Services are intended to provide fitness and wellness advice and guidance. However, the information provided is not a substitute for professional medical advice, diagnosis, or treatment. Before starting any fitness or nutrition program, you should consult with your physician or a qualified healthcare provider, especially if you have any pre-existing health conditions or concerns.

You agree that your participation in any fitness program, whether online or in-person, is voluntary and at your own risk. Eisley Fitness is not responsible for any injuries or health issues that may arise from following the programs or recommendations provided.

10. Limitation of Liability

To the fullest extent permitted by Texas law, Eisley Fitness, its employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profit, revenue, data, or business opportunities arising out of or in connection with your use of our Services, website, or Content.

In no event shall our total liability to you, whether in contract, tort, or otherwise, exceed the total amount paid by you to Eisley Fitness for the Services you have purchased in the six months preceding the claim.

11. Indemnification

You agree to indemnify and hold Eisley Fitness, its officers, employees, agents, and affiliates harmless from any claims, liabilities, damages, and expenses (including legal fees) arising out of your use of the Services or violation of these Terms. This includes any claims arising from any personal injury or damage that may occur during the use of the Services.

12. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information.

13. Termination

We reserve the right to suspend or terminate your account or access to our Services at our discretion, with or without notice, if you violate these Terms or engage in fraudulent, illegal, or harmful behavior. Upon termination, your access to paid Services will cease, but you will not be entitled to a refund for any unused services.

14. Modifications to Terms

Eisley Fitness reserves the right to update or modify these Terms at any time. Any changes will be posted on this page, and the effective date will be updated. We encourage you to review these Terms periodically. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

Dispute Resolution: In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services, you agree to first attempt to resolve the issue through informal negotiations with Eisley Fitness. If informal negotiations fail, you agree to resolve any dispute exclusively through binding arbitration conducted by the American Arbitration Association (AAA) in Texas.

Any legal action, suit, or proceeding arising under or in connection with these Terms must be brought exclusively in the courts located in Collin County, Texas.

16. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable under Texas state or federal law, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Eisley Fitness with respect to your use of our website and Services.

18. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Eisley Fitness
Email: eisley@eisleyfitness.com

Acknowledgment

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.