top of page

Terms and Conditions

Agreement between User and www.exerciseeuphoria.com

Welcome to www.exerciseeuphoria.com. The www.exerciseeuphoria.com website (the "Site") is Comprised of various web pages operated by Exercise Euphoria LLC ("Exercise Euphoria"). www.exerciseeuphoria.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.exerciseeuphoria.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. 

www.exerciseeuphoria.com is an E-Commerce Site.

Exercise Euphoria is an ecommerce website designed to market individuals seeking support services to optimize their health and fitness by offering virtual private physical training sessions and/or classes instructed by credentialed fitness professionals.

Privacy

Your use of www.exerciseeuphoria.com is subject to Exercise Euphoria's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our date collection practices.

Electronic Communications

Visiting www.exerciseeuphoria.com or sending emails to Exercise Euphoria constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Exercise Euphoria is not responsible for third party access to your account that results from theft or misappropriation of your account. Exercise Euphoria and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 

Children Under Thirteen

Exercise Euphoria does not knowingly collect, either online or offline, personal information from persons under the ae of thirteen. If you are under 18, you may use www.exerciseeuphoria.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Refund Policy on any of our Virtual Private Physical Training Plans is 72 hours.

Cancellations Policy on an individual virtual private physical training session or class is 24 hours.

Links to Third Party Sites/Third Party Services

www.exerciseeuphoria.com may contain links to other ("linked Sites"). The Linked Sites are not under the control of Exercise Euphoria and Exercise Euphoria is not responsible for the contents of any Linked Site, including without limitation to any link contained in a Linked Site, or any changes or updates to a Linked Site. Exercise Euphoria is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Exercise Euphoria of the site or any association with its operators.

Certain Services made available via www.exerciseeuphoria.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.exerciseeuphoria.com domain, you hereby acknowledge and consent that Exercise Euphoria has a contractual relationship to provide the requested product, service or functionality on behalf of www.exerciseeuphoria.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.exerciseeuphoria.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Exercise Euphoria that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through the means not intentionally made available or provided through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Exercise Euphoria or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to  observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Exercise Euphoria content if not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Exercise Euphoria and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, expressed or implied, to the intellectual property of Exercise Euphoria or our licenses, except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin boards services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy good or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contest, pyramid schemes or chain letters; download any file posted by another Communication Service that you know, or reasonable should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Exercise Euphoria has no obligation to monitor the Communications Services. However, Exercise Euphoria reserves the right to review material posted to a Communication Service and to remove any materials posted to a Communication Service and to remove any materials in its sole discretion. Exercise Euphoria reserves the right to terminate your access to any or all of the Communications Services at any time without notice for any reason whatsoever. 

Exercise Euphoria reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Exercise Euphoria's sole discretion.  

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Exercise Euphoria does not control or endorse the content, messages or information found in any Communication Service and, therefore, Exercise Euphoria specifically disclaims any liability with regard to the Communication Service and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Exercise Euphoria spokespersons, and their views do not necessarily reflect those of Exercise Euphoria.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.exerciseeuphoria.com or Posted on Any Exercise Euphoria Web Page

 

Exercise Euphoria does not claim ownership of the materials you provide to www.exerciseeuphoria.com (including feedback and suggestions) or post, upload, input or submit to any Exercise Euphoria Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Exercise Euphoria, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No Compensation will be paid with respect to the use of your Submission, as provided herein. Exercise Euphoria is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Exercise Euphoria's sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

Third Party Accounts

You will be able to connect your Exercise Euphoria account to third party accounts. By connecting your Exercise Euphoria account to third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do use this feature.

International Users

The Service is controlled, operated and administered by Exercise Euphoria from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Exercise Euphoria Content accessed through www.exerciseeuphoria.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Exercise euphoria, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees ) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of terms of this Agreement or you violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Exercise Euphoria reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Exercise Euphoria is asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLANTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Exercise Euphoria agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THIS INFORAMTION,SOFTWARE, PRODUCTS, AND SERVICE INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORAMTION HEREIN. EXERCISE EUPHORIA LL AND/OR ITS SUPLLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

EXERCISE EUPHORIA LL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EXERCISE EUPHORIA LLA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TOTHIS INFORAMTION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXERCISE EUPHORIA LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCCIDENTAL, SPECIAL, CONSEQUENTIAL DAMGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGESFOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORAMTION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROGUH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EXERCISE EUPHORIA LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OR DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABLOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS T DISCONTINUE USING THE SITE.  

Termination/Access Restriction

Exercise Euphoria reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the state of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Exercise Euphoria as a result of this agreement or use of the Site. Exercise Euphoria's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Exercise Euphoria's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Exercise Euphoria with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.   

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Exercise Euphoria with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the use and Exercise Euphoria with respect to the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents by written in English.

Changes to Terms

Exercise Euphoria reserves the right, in its sole discretion, to change the Terms under which www.exerciseeuphoria.com is offered. The most current version of the Terms will supersede all previous versions. Exercise Euphoria encourages you to periodically review the terms to stay informed of our updates.

Contact Us

Exercise Euphoria welcomes your questions or comments regarding the Terms:

Exercise Euphoria LLC

865 State Hwy 33 Suite 3 Unit 141

Freehold, NJ 07728

Email Address:

inquiries@exerciseeuphoria.com

Telephone Number:

833-263-9569

Effective as of February 3, 2021

 

bottom of page