Terms & Conditions
Terms & ConditionsDISCLAIMER FOR WEBSITES, PROGRAMS, SERVICES & PRODUCTS
All terms and conditions set forth herein apply to Barre Definition App, Heal My Gut, Action Jacquelyn, all employees, representatives, agents, affiliates and assigns of Barre Definition App, Heal My Gut, Action Jacquelyn (hereinafter, individually & collectively referred to as "we", "us", and "our").
By entering any of our websites or purchasing or using our blogs, emails, programs, services and/or products, you are agreeing to accept all terms, conditions and disclaimers contained herein. Thus, if you do not agree to the disclaimer below, STOP now and do not continue to navigate our websites, blogs, emails, programs, products or utilize our services.
Barre Definition App Subscription Policy. By starting your free trial, you authorize us to charge your credit card 7-days after starting your free trial, and you consent to the payment of recurring charges based on the plan you chose until or unless you choose to cancel your subscription.
Barre Definition App Subscription Cancellation Policy. You shall continue to make payments until or unless you cancel your subscription at least 24-hours prior to the current billing cycle.
Refund Policy. All sales are final and we do not offer any refunds or any money-back guarantees. All sales are final. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
For Educational Purposes Only. The information contained in our website, emails, programs, services and/or products is for educational and informational purposes only and is made available to you as new insight for your own use. While we draw on our prior background in health and fitness, you acknowledge that we are supporting you in our role exclusively as educators. Our team shall provide information concerning, but not limited to, the maximizing of human health and optimizing overall wellness.
Non-Medical Advice. The information contained in this website or provided through our blogs, emails, programs services or products is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your physician, therapist, licensed dietician or nutritionist, or any other health care professional. We are not medical health practitioners or mental health providers and we are not holding ourselves out to in any capacity. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body. We serve, in our sole capacity, as educators who share insight on what has helped us personally in our own journey.
Consult Your Physician or Health Care Provider. Our intent is NOT to replace any relationship that exists, or should exist, between you and a medical doctor or other health care professional. Always seek the advice of your physician or another qualified health care professional regarding any questions or concerns you have about your specific health situation, possible or actual pregnancy, known or suspected food sensitivities or allergies, dietary restrictions, or any medications you are currently taking. We advise you to speak with your own physician before implementing any recommendations from our website, our blog, emails, programs services or products. Do not stop taking any medications without speaking to your physician or health care professional. If you have or suspect that you have a medical problem, contact your health care provider promptly.
Not Evaluated by the FDA. The information contained in our website, our blog, emails, programs services or products has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease, or to be considered medical or psychological advice.
Personal Responsibility. We aim to accurately represent the information provided on our website our blog, emails, programs services or products. You are acknowledging that you are participating voluntarily in using our website or blog or in any of our emails, programs services or products and you alone are solely and personally responsible for the results. You acknowledge that you take full responsibility for your own health, life and well-being, as well as the health, lives and well-being of your family and children (where applicable), and for all decisions made by you now or in the future.
No Guarantees. Our role is to support and assist you in reaching your goals, but your success depends primarily on your own effort, motivation, commitment and self-initiative. We cannot and do not guarantee that you will attain a particular result, and you understand that results differ by each individual. As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health & genetic profile, starting point, expertise, and level of commitment.
Client Stories. We present REAL WORLD EXPERIENCES, examples, testimonials, photos and insights about other peoples experiences for purposes of illustration only. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our programs, services, and/or products. Each of these unique stories and any and all results reported in these stories by our clients, are the culmination of numerous variables, some of which WE cannot control.
Assumption of Risk. There are sometimes unknown individual risks and circumstances that can arise during use of our programs, services and/or products that can influence or reduce results. We are not responsible for your personal actions or choices before, during or after any of our programs, services and/or products. You understand that any use of any product, recipe, suggestion, or recommendation is at your own risk, with no liability on our part. You accept full responsibility for your use, or non use, of any information provided by us through any means whatsoever. Your use, or non use, of this information is at your own risk, and you absolve us of any liability or loss that you, or your family or children (if applicable) or any other person, may incur from your or their use or non-use of the information provided. If you have any concern, please consult a physician.
We do not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any company, organization, or person engaged in rendering service or carrying out arrangements, tours, or educational sessions in any location, including but not limited to, any health food store, grocery store, yoga, or fitness studio, cooking class, private home, restaurant, company/business, or outdoor setting. If you use the information provided through our website, our blog, emails, programs services or products, we assume no responsibility.
Although every effort is made to ensure the accuracy of published information on or through our website, our blog, emails, programs services or products, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced in our website, our blog, emails, programs services or products. While every effort has been made to present you with the most accurate, up-to-date information, we are not responsible for the accuracy of our content.
In becoming our user with the intent of using our services, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of our services.If applicable, you further affirm that (a) you are not pregnant, breastfeeding or lactating; or (b) your physician has specifically approved your use of our services.
We reserve the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
Release of Claims. We are not responsible in any way for the information that you request or receive through or on our website, our blog, emails, programs services or products. In no event will we be liable to any party for any loss or damages, including but not limited to direct, indirect, special, incidental, equitable or consequential damages, lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information or any other loss, malady, disease or difficulty arising out of the use of or reliance on this website our blog, emails, programs services or products, even if we are expressly advised of the possibility of such damages or difficulties.
No Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, SERVICES, OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES; EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EQUITABLE, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES: THAT THE COMPANY SERVICE IS OR WILL BE PERMITTED IN YOUR JURISDICTION; THAT THE COMPANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; CONCERNING ANY CONTENT, INCLUDING USER CONTENT; CONCERNING ANY THIRD PARTY’S USE OF USER CONTENT THAT YOU SUBMIT; THAT THE COMPANY SERVICE WILL MEET YOUR PERSONAL OR PROFESSIONAL NEEDS; THAT COMPANY WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE COMPANY SERVICES; OR CONCERNING SITES AND RESOURCES OUTSIDE OF THE COMPANY SERVICES, EVEN IF LINKED TO FROM THE COMPANY SERVICES.
Indemnification. You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents, from and against any and all claims, damages, losses and costs that arise from or relate to (i) your activities while utilizing our any and all of our services, (ii) any User Content submitted by or on behalf of you or (iii) your violation of this Agreement.
Intellectual Property. You acknowledge that our Services contain software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All our generated content, and content provided to us by our partners and licensors, are copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and us, we own a copyright in the selection, coordination, arrangement and enhancement of all content in our Services. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use our Services, you may download one copy of the application to any single device for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use our Services, we hereby grant you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on our Services for your personal, non-commercial use of our Services and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of our Services, including use of any such content on any other website or networked computer environment, is strictly prohibited.
Our name, logos and affiliated properties, designs and marks are our exclusive property and/or our affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.
Any other trademarks appearing on our Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through our Services. All rights not expressly granted in this Agreement are reserved.
Copyright / DMCA Policy. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Our designated Copyright Agent to receive DMCA Notices and Counter-Notices is:
Mr. Josh Campbell
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
External Links. References or links in this website, blog, email, programs, services or products to any other business or entity's information, opinions, advice, programs, services, or products do no constitute our endorsement or recommendation. WE are not responsible for the content of any web pages, companies or persons linked or referenced in this site.
Dispute Resolution—Arbitration Agreement and Waiver of Jury Trial PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
Scope of Arbitration Agreement. Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including the breach, termination or validity thereof, shall be finally resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) we or you may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.
CASES MAY HAVE BEEN FILED AGAINST THE COMPANY—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.
IF YOU AGREE TO ARBITRATION WITH THE COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Carolina Marin-Henriquez, 3780 Kilroy Airport Way, Suite 200 PMB 401, Long Beach, CA 90806. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the country where you live or at another mutually agreed location.
Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and us.
Waiver of Jury Trial. YOU AND US WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and us are instead electing to have claims and disputes resolved by arbitration, except as specified above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Waiver of Class or Consolidated Actions; Severability. YOU AND US AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor we are entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Governing Law below, and all other provisions of this Arbitration Agreement shall remain in force. If any provision of this Arbitration Agreement is adjudged to be void or otherwise unenforceable, in whole or in part, the void or unenforceable provision shall be severed and such adjudication shall not affect the validity of the remainder of this Arbitration Agreement.
Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor us can force the other to arbitrate as a result of this Agreement. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Subscription (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: 647 Camino de los Mares, #222, San Clemente, CA 92673. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.
Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.
Governing Law. This Agreement shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Subject to the foregoing agreements herein, any other action arising out of or relating to this Agreement or your use of our Services must be commenced in the state or federal courts located in Los Angeles, California, United States of America, and you consent to the jurisdiction of those courts.
Interpretation; Severability; Waiver; Remedies. Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by us in exercising any right hereunder will waive any further exercise of that right. Our rights and remedies hereunder are cumulative and not exclusive.
Successors; Assignment; No Third Party Beneficiaries. This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer this Agreement without our prior written consent. No third party has any rights hereunder. We may assign its rights, obligations and/or this Agreement at any time in its sole discretion without notice to you.
Notices. You consent to receive all communications including notices, agreements, disclosures, or other information from us electronically. We may communicate by email. For support-related inquiries, you may email us at: Josh@healmygut.com. For all other notices to us, write to the following address:
647 Camino de los Mares, #222
San Clemente, CA 92673
Nothing in this Agreement or otherwise limits our right to object to subpoenas, claims, or other demands.
By using our website, our blog, emails, programs services or products, you implicitly signify your agreement to all parts of the above disclaimer.