Terms and Conditions
Agreement between User and www.melissavogelfitness.com
Welcome to www.melissavogelfitness.com. The www.melissavogelfitness.com website (the “Site”) is comprised of various web pages operated by Melissa Vogel Fitness, LLC. www.melissavogelfitness.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.melissavogelfitness.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.melissavogelfitness.com is an E-Commerce Site.
The purpose of my website is to offer printable fitness programs and workouts. I sell these fitness programs in e-commerce. Once someone purchases a program they are then sent a link where they can download their workout program.
Visiting www.melissavogelfitness.com or sending emails to Melissa Vogel Fitness, LLC 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.
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 Melissa Vogel Fitness, LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Melissa Vogel Fitness, LLC 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
Melissa Vogel Fitness, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.melissavogelfitness.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.melissavogelfitness.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Melissa Vogel Fitness, LLC and Melissa Vogel Fitness, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Melissa Vogel Fitness, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Melissa Vogel Fitness, LLC of the site or any association with its operators.
Certain services made available via www.melissavogelfitness.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.melissavogelfitness.com domain, you hereby acknowledge and consent that Melissa Vogel Fitness, LLC may share such information and data with any third party with whom Melissa Vogel Fitness, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.melissavogelfitness.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
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 Melissa Vogel Fitness, LLC 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. Melissa Vogel Fitness, LLC content is 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 Melissa Vogel Fitness, LLC 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, express or implied, to the intellectual property of Melissa Vogel Fitness, LLC or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Melissa Vogel Fitness, LLC 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 the Melissa Vogel Fitness, LLC Content accessed through www.melissavogelfitness.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Melissa Vogel Fitness, LLC, 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 any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Melissa Vogel Fitness, LLC 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 Melissa Vogel Fitness, LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
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 PLAINTIFF 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 Melissa Vogel Fitness, LLC 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.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MELISSA VOGEL FITNESS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MELISSA VOGEL FITNESS, LLC 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. MELISSA VOGEL FITNESS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Melissa Vogel Fitness, LLC 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 California and you hereby consent to the exclusive jurisdiction and venue of courts in California 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 Melissa Vogel Fitness, LLC as a result of this agreement or use of the Site. Melissa Vogel Fitness, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Melissa Vogel Fitness, LLC’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 Melissa Vogel Fitness, LLC 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 Melissa Vogel Fitness, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Melissa Vogel Fitness, LLC with respect to the Site. A printed version of this agreement and of 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 be written in English.
Changes to Terms
Melissa Vogel Fitness, LLC reserves the right, in its sole discretion, to change the Terms under which www.melissavogelfitness.com is offered. The most current version of the Terms will supersede all previous versions. Melissa Vogel Fitness, LLC encourages you to periodically review the Terms to stay informed of our updates.
Melissa Vogel Fitness, LLC welcomes your questions or comments regarding the Terms:
Melissa Vogel Fitness, LLC
Collection of your Personal Information
In order to better provide you with products and services offered on our Site, Melissa Vogel Fitness, LLC may collect personally identifiable information, such as your:
– First and Last Name
– Mailing Address
– E-mail Address
– Phone Number
If you purchase Melissa Vogel Fitness, LLC’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
Melissa Vogel Fitness, LLC may also collect anonymous demographic information, which is not unique to you, such as your:
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
Melissa Vogel Fitness, LLC collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Melissa Vogel Fitness, LLC may also use your personally identifiable information to inform you of other products or services available from Melissa Vogel Fitness, LLC and its affiliates.
Sharing Information with Third Parties
Melissa Vogel Fitness, LLC does not sell, rent or lease its customer lists to third parties.
Melissa Vogel Fitness, LLC may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Melissa Vogel Fitness, LLC, and they are required to maintain the confidentiality of your information.
Melissa Vogel Fitness, LLC may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Melissa Vogel Fitness, LLC or the site; (b) protect and defend the rights or property of Melissa Vogel Fitness, LLC; and/or (c) act under exigent circumstances to protect the personal safety of users of Melissa Vogel Fitness, LLC, or the public.
Tracking User Behavior
Melissa Vogel Fitness, LLC may keep track of the websites and pages our users visit within Melissa Vogel Fitness, LLC, in order to determine what Melissa Vogel Fitness, LLC services are the most popular. This data is used to deliver customized content and advertising within Melissa Vogel Fitness, LLC to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Melissa Vogel Fitness, LLC. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Melissa Vogel Fitness, LLC website.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Children Under Thirteen
Melissa Vogel Fitness, LLC does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
From time to time, Melissa Vogel Fitness, LLC may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from Melissa Vogel Fitness, LLC, you may opt out of such communications by Customers may unsubscribe from emails by clicking unsubscribe..
Changes to this Statement
Melissa Vogel Fitness, LLC welcomes your questions or comments regarding this Statement of Privacy. If you believe that Melissa Vogel Fitness, LLC has not adhered to this Statement, please contact Melissa Vogel Fitness, LLC at:
Melissa Vogel Fitness, LLC
Canyon Lake, California 92587
Effective as of January 17, 2019
The information, recommendations and guidelines that we provide in this guide are not intended as medical advice or to replace medical advice given by a doctor or other healthcare professional. In the case of illness or other medical condition, a doctor or health professional should be consulted prior to commencing this program and diet. The information, recommendations and guidelines given relating to exercise and diet are to be used as guidelines for healthy exercising and eating. It is not intended to be a substitute for medically prescribed diet or exercise. You are advised to meet with your general health practitioner to discuss your individual dietary needs and health, particularly before making any significant changes to your diet as a result of receiving this material.
Melissa Vogel Fitness, LLC and its officers, employees or agents give no warranty and make no representation that the information, recommendations and guidelines contained in this guide, and disclaim all liability for any loss, damage, cost or expense incurred by reason of any person using or relying on this information, recommendations and guidelines or by reason of any error, omission, defect, or misstatement contained in such information, recommendations or guidelines.