TERMS OF USE

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Take Heart Fitness (defined below), which governs your use of Products (defined below) obtained by purchase through this website at www.takeheartfitness.com, or any related domains or subdomains (the “Sites”).  In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Take Heart Fitness, doing business as Grace Stiles (“Grace Stiles”).

“Product” referred to by these Terms include but are not limited to: personal training programs, blog content, services, and any other documents provided, whether for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Sites, obtained from Take Heart Fitness. 

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Take Heart Fitness’ Products immediately. Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Sites, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO

Take Heart Fitness provides online fitness personal training, resources, programs, and educational content to guide customers (18 years and older) through their fitness journey and to reach their fitness goals. Products and any other information available through the Sites contain general information only, and do not constitute medical or health advice. Communications between you and Take Heart Fitness are protected by our privacy policy. Take Heart Fitness cannot provide medical or other health advice pertaining to any individuals’ specific health or medical condition.

PRIVACY POLICY

Take Heart Fitness permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available in the Privacy Policy Section.

AFFILIATE LINKS

Links on the Sites may be affiliate links controlled by parties other than Take Heart Fitness to help support the maintenance of the Sites. Take Heart Fitness does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Take Heart Fitness from any loss or damage incurred from dealing with such affiliate.

PRODUCTS

Please remember that it is your responsibility to download the Product immediately and save all purchases. Take Heart Fitness is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Take Heart Fitness will not reimburse you for such downloads. Take Heart Fitness will, at your request, apply a one-time only $5.00 re-download fee per item if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by Take Heart Fitness. This fee will be paid through Ascend and a new link will be sent.

CONTACT

By using the Site and entering personal information, you give Take Heart Fitness permission to contact you via email, phone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy.  Should you prefer not to be contacted by e-mail, please unsubscribe or let Take Herat Fitness know by emailing takeheartfit@gmail.com, and we will kindly refrain from doing so.

RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances.  All sales are final.

NO WARRANTIES

Products are provided “as is”. Take Heart Fitness offers no warranty, explicit or implied, regarding any programs or other Products. Obtaining materials available through the site is done at your own discretion and at your own risk. Take Heart Fitness makes no warranty that the site, products or materials will be accurate and reliable in all instances.

IDENTIFICATION OF RISKS

You understand that participation in (or use of) any Take Heart Fitness Products involves risk of injury, disability and death, and perhaps damage to property. You also understand that your participation is completely voluntary.

ASSUMPTION OF RISK

You understand that before beginning or using any exercise or nutrition Product, it is strongly recommended that you consult with your physician. By signing below, you represent that you are physically and psychologically ready and able to participate in any Take Heart Fitness Product and assume all risks connected with your participation in the Product. You hereby accept personal responsibility for any liability, injury, loss or damage in any way connected with your participation in the Product, and involvement with Take Heart Fitness. You agree to stop exercising and consult your physician if you feel signs and symptoms at any time prior to, during, or after exercise that include but are not limited to: shortness of breath, dizziness, chest tightness, chest pain, numbness, confusion, palpitations, etc.

LIMITATION AND LIABILITY

Except as prohibited by law, Take Heart Fitness and Grace Stiles shall not be liable to you or any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, injuries, death, lost profits or any other damages, costs or losses arising out of your use of the website, materials or products, including any attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

You release and discharge Take Heart Fitness and each of their employees, and partners, from all claims for any liability, injury, loss, or damage in any way connected with your participation in the Products, whether or not caused in whole or part by the negligence of any organizations or individuals mentioned above. You declare that you are a voluntary participant in the Products and hereby waive and relinquish all rights to pursue and/or recover for any injury or disability incurred while participating in such activities or Products. You intend for this waiver and release to also apply to your relatives, personal representatives, heirs, beneficiaries, next of kin, and assigns who might pursue any legal action or claim for such liability, injury, loss or damage. This waiver and release replaces any prior waiver and release in which you have agreed to.

GOVERNING LAW

These terms shall be governed by Pennsylvania law, irrespective of choice of law principles. The parties’ legal rights and obligations relating to these terms and the services provided under these terms shall be governed by Pennsylvania law. Any suit brought under these terms or in relation to services provided under these terms shall be brought in Harrisburg, PA, and both parties irrevocably consent to venue and personal jurisdiction in that court.

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Take Heart Fitness & Grace Stiles reserve the right to change or modify these Terms at any time without notice to You.  Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Take Heart Fitness’ Products, Materials and services.

Any questions regarding the above Terms may be directed to: takeheartfit@gmail.com

DISCLAIMER

All information provided by Take Heart Fitness (THF) is of a general nature and is furnished for educational/entertainment purposes only. Please consult with your physician before beginning any exercise program. No information is to be taken as medical or other health advice pertaining to any individuals’ specific health or medical condition. You agree that use of this information is at your own risk and hold THF harmless from any and all losses, liabilities, injuries or damages resulting from any all claims. All content provided by THF is intended for use by THF clients and may not be copied or used for any commercial, promotional, or other business purpose.