TERMS & CONDITIONS
Thank you for visiting our website. This website (https://laymansfitness.com, or the “Website”) is operated by Layman’s Fitness LLC (“Layman’s Fitness”, the “company”, “we”, “us”, or “our”). Layman’s Fitness offers this Website, including all content, tools, and services available from this website to you, the user (“you”, or the “Customer”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing our Website, including any content, functionality, products, or services offered on or through the Website, whether as a guest or a registered user, you engage in our “Service” and agree to be bound by the following terms and conditions relating thereto (“Terms of Service”).
1. MINORS: Although our products and services are not age-specific, we do not market our services or products to minors. If you are below the age of 18, you should only use our products and services with the permission and/or active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.
2. MODIFICATIONS AND TERMINATIONS: We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
3. ASSIGNMENT: You agree that this Agreement and all incorporated agreements may be assigned by Layman's Fitness LLC in our sole discretion.
4. CONTENT OWNERSHIP: All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content. You agree not to copy, reproduce, duplicate, copy, sell, or exploit any content or any portion of content from our website without our permission. Any requests to use our content should be submitted to us by e-mail at don@laymansfitness.com. If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to don@laymansfitness.com. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
5. USE OF FREE MATERIALS AND CONTENT: At times you may be offered a free download or printable, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to download or print this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the free material, you agree and understand that you will provide Layman's Fitness LLC credit, will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from our free materials.
6. OBSCENE AND OFFENSIVE CONTENT: We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail at don@laymansfitness.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
7. INDEMNIFICATION: You understand and agree that you will indemnify, defend and hold us and our owners, affiliates, employees, officers, directors, agents or contractors owners, affiliates, employees, officers, directors, agents or contractors harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use or misuse of our Website or Services or your violation of these terms and conditions.
8. WAIVER OF LIABILITY: Visitors who use this Website and rely on any information do so at their own risk. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Layman's Fitness LLC from any and all claims or causes of action, known or unknown, arising out of your use of the Website or its content, including those related to negligence.
IN NO EVENT SHALL LAYMAN'S FITNESS LLC ENTERPRISES OR ITS OWNERS, AFFILATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE CONTENT, MATERIALS OR IDEAS ON THE SITE, EVEN IF LAYMAN'S FITNESS LLC ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE ENTIRE LIABILITY OF LAYMAN'S FITNESS LLC ENTERPRISES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR LAYMAN'S FITNESS LLC ENTERPRISES PRODUCTS AND SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LAYMAN'S FITNESS LLC ENTERPRISES FOR ACCESS TO OR USE OF THE SITES OR EXCEED THE PURCHASE PRICE FOR LAYMAN'S FITNESS LLC ENTERPRISES PRODUCTS AND SERVICES.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LAYMAN’S FITNESS LLC’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9. DISCLAIMER OF WARRANTY: THIS SITE AND ALL MATERIALS AND CONTENT, INCLUDING PURCHASES OF LAYMAN'S FITNESS LLC ENTERPRISES GOODS AND SERVICES FROM THIS SITE, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE
10. BREACH: YOUR REMEDIES WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE ARE TO (1) TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SITE or (2) REQUEST A REFUND OF THE PURCHASE PRICE FOR DIGITAL PRODUCTS WITHIN 60 DAYS OF PURCHASE (UNLESS OTHERWISE SPECIFIED ON THE PURCHASE PAGE FOR THAT SPECIFIC PRODUCT OR EVENT). THE REFUND WILL BE GRANTED AT THE COMPANY’S SOLE DISCRETION. REMEDIES WITH RESPECT TO THE CUSTOMER’S BREACH OF THESE TERMS OF SERVICE ARE ANY ALLOWED UNDER THE LAW. OUR FAILURE TO ACT WITH RESPECT TO A BREACH BY YOU OR OTHERS DOES NOT WAIVE OUR RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES. IN SUCH STATES OR JURISDICTIONS, LAYMAN’S FITNESS LCC’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. OTHER DISCLAIMERS: Nothing contained on this Website or within any product or service found herein is intended to take the place of a consultation with any medical professional. We recommend you consult with your personal physician or other applicable medical professional prior to implementing any content found herein, and/or prior to beginning any program or service we offer. You should be in good physical condition and be able to participate in the exercise. You acknowledge that Layman's Fitness LLC is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. Any decision you make to implement or follow information found on Website, or to purchase a product or service, is purely voluntary and of your own volition.
The purpose of this Website is solely to provide educational information to those wishing to view it. Any Content on this Website, or Content you receive because of your decision to opt-in to our email list, has been created solely for educational and informational purposes. We cannot and do not guarantee any type of specific results, outcomes, changes, or gains through use of our Website, programs, or packages contained therein, whether legal, medical, or otherwise. You understand and agree to this, and acknowledge that your use of any information contained herein is purely voluntary.
12. ONLINE PURCHASES: All programs, products or services, whether tangible or intangible, offered or distributed through our Website, are subject to our Terms of Sale or Terms of Use, or other terms as may be provided. By purchasing or accepting any of these, you agree to be bound by the relevant terms.
You understand that should you elect to make a payment through our website, information obtained during your purchase, including name, address, credit card information, method of payment, billing information, and other personally identifiable information may be collected by us, as well as our payment processing company. You are responsible for paying any applicable taxes and processing charges relating to any purchase you made through this Website.
You also understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our products to you. Should your payment fail to process, we reserve the right to withhold the purchased product from you unless and until payment is properly rendered.
You also acknowledge and agree that we have no responsibility or liability for policies of third party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on our Website, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company, in addition to ours. For more information, we encourage you to visit the website of the payment processing company, and read their policies and terms and conditions as well. You agree to release us as well as the payment processing company we choose from any damages you incur as a result of this process, and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product through our Website.
13. RESOLUTION OF DISPUTES: You agree that any claim or controversy at law or equity that arises out of this Agreement or any Online Services (“Claims”) shall be resolved in accordance with the provisions below or as otherwise mutually agreed upon in writing by the parties. Before resorting to formal proceedings, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Services, must be submitted to binding arbitration and decided on an individual basis, without the right for any claims to be pursued or decided as a class, consolidated, collective or representative action. This Agreement is governed by Texas law. The arbitration shall be conducted in Dallas County, Texas, on a confidential basis pursuant to the Federal Arbitration Act. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. An award of arbitration may be confirmed in a court of competent jurisdiction.
14. SEVERABILITY OF THESE TERMS AND CONDITIONS: If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
15. ENTIRE AGREEMENT: These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website.
16. HOW TO CONTACT US: Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail at don@laymansfitness.com and providing us with information relating to your concern.
These terms and conditions were last updated on 07-16-2021.