Terms of service.

By entering this website or purchasing or using our blog, e-mails, videos, social media, programs, products and/or services, from or related to Jennifer Cui and Jen Cui, LLC, you are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the disclaimer below, STOP now, and do not use our website, blog, e-mails, videos, social media, programs, products or services or anything you have purchased or experienced through us (collectively “Website, Programs, Products and Services”).

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.  

The information provided in or through our Website, Programs, Products and Services is for educational and informational purposes only, and is made available to you as self-help tools for your own use. When using any material obtained from or through Jen Cui, LLC, whether through in-person, phone, Skype, webinars, teleseminars, webcams, social media, and otherwise in a variety of settings, including but not limited to individual and/or group programs, classes, workshops, events, retreats, seminars, consultations and/or trainings, you acknowledge that we are supporting you in our role exclusively as providing wellness education for the general public, and in no other role.

NOT A SUBSTITUTE FOR MEDICAL ADVICE.

The information provided in or through our Website, Programs, Products and Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by you or your clients’ own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist, or member of the clergy.

NOT HOLDING SELF OUT. 

In this capacity as an educator, trainer, and coach, I am not holding myself out to be a Medical Provider (including doctor/physician, nurse, physician’s assistant or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist, or member of the clergy.  Rather, I serve as a trainer, educator, coach, mentor and guide who provides business education and learning opportunities to the general public.

CONSULT YOUR PHYSICIAN OR HEALTH CARE PROVIDER.

Our intent is NOT to replace any relationship that exists, or should exist, between your Medical Provider or Mental Health Provider. You should always seek the advice of your/their own doctor/physician, nurse practitioner, physician’s assistant, Mental Health Provider, or another health care professional regarding any questions or concerns about your/their specific health situation.  We advise you to speak with your/their own Medical Provider or Mental Health Provider before implementing any suggestions obtained through our Website, Programs, Products and Services including but not limited to exercise, lifestyle, weight loss, food, vitamins or supplements; engaging in an elimination diet, detox or cleanse; meditation or deep breathing exercises; or participating in any other aspect of a weight loss, healthy eating, exercise and/or lifestyle program. You shall not disregard professional medical advice or delay seeking professional advice because of information you have read on this website or received from us.  You should not stop taking any medications without speaking to your Medical Provider and/or Mental Health Provider. If you have or suspect that you or they have a medical problem, you are advised to contact your own Medical Provider or Mental Health Provider promptly.

PERSONAL RESPONSIBILITY

Our Website, Programs and Services aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using our Website, Programs and Services, and you alone are solely and personally responsible for your results. You acknowledge that you take full responsibility for your business, and for your own health, life and well-being, as well as the health, lives and well-being of your family and children (where applicable), for all decisions now or in the future.

TESTIMONIALS. 

We present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our Program, Product and/or Services, but 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, Products and/or Services. Each of these unique stories, and any and all results reported in these stories by our clients on our Website and through our Programs, Products and Services, 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 Website, Programs, Products and Services that cannot be foreseen that can influence or reduce results.  We are not responsible for your or your clients’ personal choices or actions before, during or after use of our Website, Programs, Products and Services. You understand that any mention of any suggestion or recommendation on or through our Website, Programs, Products or Services is to be taken at your and your clients’ own risk, with no liability on our part, recognizing that there is a rare chance that business failure, illness, injury or even death could result. You accept full responsibility for the consequences of your use, or non-use, of any information provided by us through any means whatsoever, as well as your clients’ use or non-use of any information obtained through you or our Website, Programs or Services. Your or your clients’ use, or non-use, of this information is at your own risk, and you absolve us of any liability or loss that you, your clients, your business, your family and/or children or any other person may incur from your or their use or non-use of the information provided.

NO LIABILITY AND RELEASE OF CLAIMS.

We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website, Programs or Services.  In no event will we be liable to you, your clients’ or to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website, Programs and Services, or on those affiliated with us in any way, and you and your clients’ hereby release us from any and all claims, including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue experienced by you and/or your clients, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.  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 this Website, Program or Services in any way. In the event that you or your clients use the information provided through our Website, Programs or Services by us or affiliated with us, we assume no responsibility.  We will not be held responsible in any way for the information that you or your clients request or receive through our Website, Programs or Services. By using our Website, Programs and Services, you and your clients fully and completely hold harmless, indemnify and release us and any other of our employees, shareholders, directors, staff, consultants, agents, or anyone affiliated with us from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you or your clients ever had, now have or will have in the future against us, arising from your or your clients’ participation in or in any way related to our Website, Programs and Services, unless arising from the gross negligence on our part.

No Warranties.  WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES 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 OR OUR PROGRAMS, PRODUCTS AND SERVICES.

Not Evaluated by the FDA.  The information contained on this Website or provided through our Website, Programs, Products and Services has not been evaluated by the Food and Drug Administration. 

Accuracy.  Although every effort is made to ensure the accuracy of information shared on or through our Website, Programs, Products and Services, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced on or through our Website, Programs, Products and Services or those of any other individual or company affiliated with us in any way. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of health care, scientific, business, and technology research is constantly evolving, we cannot be held responsible for the accuracy of our content.

No Endorsement.  Reference or links in our Website, Programs, Products or Services to any other individual’s, business or entity’s information, opinions, advice, programs, products or services do not constitute our formal endorsement. We are merely sharing information for your own self-help and for informational and educational purposes only. We are not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced in our Website, Programs, Products or Services.  Should our Website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute our formal endorsement of them, their business or their website.

By using our Website, Programs, Products and Services you implicitly signify your agreement to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact us at support@jencuihealth.com

 

TERMS AND CONDITIONS

Please read these Terms and Conditions carefully. Jen Cui, LLC reserves the right to change these Terms and Conditions on the Website from time to time, and by using the Website, you agree to the Terms and Conditions as they appear whether or not you have read them. If at any time you do not agree with these Terms and Conditions, please do not use this Website.

WEBSITE USE AND CONSENT

Whether you use this Website as a casual visitor, guest, registered user, licensee, or as a member of our programs, you agree to certain terms which are outlined below.

If you have purchased a program or subscription or otherwise entered into an agreement with us, you will also be governed by the terms of that agreement or the terms and conditions for that program, which shall prevail in the event of a conflict. Online purchases have additional terms and conditions relating to the transaction as indicated.
We try to ensure that Website availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We, of course, try to limit the frequency and duration of any suspension or restriction.

Although every effort is made to ensure the accuracy of published information on or through this Website, the Website may inadvertently contain technical inaccuracies or typographical errors. This information may be changed or updated without notice. We assume no responsibility for errors or omissions on the site or in documents referenced by or linked to our Website.

This Website is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Website by anyone under age 13 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using this Website, you represent and warrant that you are 13 years or older and that you agree to and to abide by all of our terms and conditions.

INTELLECTUAL PROPERTY RIGHTS

The content, layout, design, data, databases, and graphics on this Website are protected by United States intellectual property laws. Content is solely owned by us unless otherwise indicated.

OUR LIMITED LICENSE TO YOU. 

This Website and all the materials available on the Website are the property of us and/or our affiliates or licensors and are protected by copyright and other intellectual property laws.

The content, layout, design, data, databases, and graphics on this Website are protected by United States intellectual property laws. The content is solely owned by us unless otherwise indicated.

If you are a visitor to this Website and you are not making a purchase of a program, service, or materials through this Website, for the avoidance of doubt, all content obtained from or on this Website is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

When you enroll in or purchase any of our programs or services or obtain information through this Website, you expressly agree that you will not steal our content. Duplication, sharing, or uploading course files to sharing sites, or downloading or sharing information contrary to the limited license we have provided to you herein is considered stealing and theft, and we will prosecute theft to the full extent of the law.

In addition, as a Licensee, you understand and acknowledge that the information obtained on or through this Website have been developed or obtained by us through the investment of significant time, effort, and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use.

You may not use this site or the materials available on or through this Website in a manner that constitutes an infringement of our rights, or that has not been authorized by us.

As a visitor to this Website, you may from time to time, download and/or print copies of individual pages of the Website, including blog posts, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the information was obtained.  By downloading, printing, or otherwise using Website content for personal use you in no way assume any ownership rights of that material.

You may not in any way use, copy, adapt or represent any of our material in any way as if it is yours or created by you unless specifically permitted to do through the terms and conditions relating to your respective program or service purchase or unless specifically authorized by us in advance and in writing.

Unless otherwise explicitly authorized in these Terms and Conditions or the terms and conditions relating to a specific program or service you purchased through this Website, or unless you obtain advance written permission from us, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material purchased through any of our Programs, Products or Services, or obtained on or through the Website, including through an individual or group program, e-book, private Facebook or Website forum, or class for commercial use, or for use in any way that earns you money, and you must seek our permission before using any of our materials or content from this Website for your own business use or before sharing with others.

All rights not expressly granted in these terms or any express written license are reserved by us.

YOUR LICENSE TO US. 

By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Website, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are 13 years of age or older.  In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant that includes the right to exploit any proprietary rights in such posting of submission, including, but not limited to, right under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

LIMITATIONS ON LINKING AND FRAMING.

You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your site by us or by the Website. However, you may not, without our prior written permission, frame or inline link any of the content of the Website, or incorporate into another Website or other service any of our material, content or intellectual property.

OBTAINING PERMISSION TO USE OUR INTELLECTUAL PROPERTY

Any request for permission of our content or images, or other use of information obtained from or through our Programs, Products, Services, or Website, or any other intellectual property not specifically authorized, should be made using the “Contact Us” form on this Website, or by sending an e-mail to support@jencuihealth.com.

SECURITY

We take every precaution to protect our users’ information. When users submit sensitive information via the Website, all information is protected both online and offline.

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.

We make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

DISCLAIMER 

As a visitor to this Website and as a Licensee, you agree that you are using your own judgment in using the information provided on and through this Website, which is done at your own risk.

THE INFORMATION, PROGRAMS, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND BY US AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless us and our affiliates, successors, transferees, assignees and licensees and respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

We try to ensure our Website is available for use at all times, other than for a small period for scheduled downtime; however, we do not warrant that at other times our Website will be available.

To the fullest extent permitted by law, we will not be liable to you for damages or refunds should our Website become unavailable or access to the Website becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website inaccessible to you.

The content obtained on or through this Website is designed for non-medically trained individuals and should not be relied upon as a replacement for consultation with your doctor or other qualified health care provider.

The information provided through our Website is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, spiritual counselor, or any other licensed or registered health care professional. You and your clients should not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website or received from us. You and your clients should not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you or your clients have or suspect that you/they have a medical or mental health issue, you are advised contact your/their own health care provider promptly.  You and your clients assume all risks and no results are guaranteed. The content of this Website is provided for educational and informational purposes only to help you reach your own business goals, but you are solely and personally responsible for the results you and your clients obtain through our Website.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to negligence, shall anyone related to Jen Cui Health or Jen Cui, LLC or any subsidiary and parent companies or affiliates, included but not limited to our shareholders, directors, officers, staff, employees, affiliates, successors, transferees, assignees, or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Program, including its materials or third party materials made available through the Program, even if we are advised beforehand of the possibility of such damages.

You agree at all times to defend, indemnify and hold harmless Jen Cui, LLC, our shareholders, directors, officers, employees, affiliates, successors, transferees, assignees, or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each, if applicable, from and against accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue and any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to the Program as experienced by you, anyone affiliated in any way with your business, or any of your clients, and/or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions.

You acknowledge and agree that no representation has been made by us or our affiliates and relied upon as to the future results that may be obtained from your access to our Website.

THIRD PARTY LINKS

Throughout this Website, we may provide links and pointers to Internet sites which may take you outside of our owned or controlled Website to other websites maintained by third parties. Links are provided for your convenience, and inclusion of any link does not imply endorsement, sponsorship, or approval by us of the linked website, its operator or content.

Also, neither we nor affiliates operate or control in any respect any information, programs, products or services that third parties may provide on or through their websites or on websites linked to our Website.  We have no control over the contents or functionality of those websites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside this Website, and such other website use will be subject to those linked websites’ relevant terms and conditions and privacy policies.  It is your responsibility to review those terms and conditions and privacy policies of other websites to confirm that you understand and agree with those policies.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not us. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, we do not endorse, and we are not responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Websites by anyone other than our authorized representative while acting in his/her official capacity.

YOUR CONDUCT

You must not use our Website in any way that causes or is likely to cause our Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website or to us.

You must use the Website for lawful purposes only.  You must not use the Website for any of the following:

  • For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity

  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam

  • To cause annoyance, inconvenience or needless anxiety

  • To impersonate any third party or otherwise mislead as to the origin of your content

  • To reproduce, duplicate, copy or resell any part of our Website or the content therein in contravention with these terms of use or any other agreement with us.

ONLINE COMMERCE

CERTAIN SECTIONS OF THE WEBSITE MAY ALLOW YOU TO PURCHASE MANY DIFFERENT TYPES OF PROGRAMS, PRODUCTS OR SERVICES ONLINE THAT ARE PROVIDED BY THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECT OF THESE PROGRAMS, PRODUCTS OR SERVICES.

If you make a purchase from a merchant on the Website or on an external site linked to by the Website or through a cellular phone app, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us.

A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. Also, when you purchase our Programs, Products or Services on or through the Website, you are subject to additional terms and conditions that specifically apply to your purchase or use of such Programs, Products or Services.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or cellular phone app. You agree to use the Website and to purchase our Programs, Products or Services through the Website or cellular phone app for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.

You release us and our affiliates from any damages that you incur and agree not to assert any claims against them or us, arising from your purchase or use of any programs, products or services made available by third parties through the Website or cellular phone app.

Your participation, correspondence or business dealings with any third party found on or through our Website or cellular phone app, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When purchasing for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly.

TERMINATION

We reserve the right in our sole discretion to refuse or terminate your access to the Website or any part of the Website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you concerning material downloaded from the Website, and the disclaimers and limitations of liabilities outlined in these Terms and Conditions, shall survive.

If you have any questions, please contact us at support@jencuihealth.com.

RECOVERY OF LITIGATION EXPENSES 

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

JEN CUI HEALTH GROUP EXERCISE WAIVER AND RELEASE FORM 

By signing up any of our group fitness classes you must agree to the following release:

I acknowledge that a Group Exercise Program is designed to improve my personal fitness by providing personalized and motivational attention by a qualified Group Instructor. I understand that there may be health risks associated with activities using physical exertion in a Group Exercise program. The health risks include, but are not limited to, transient dizziness, fainting, nausea, muscle cramping, musculoskeletal injury, sprains and strains, heart attack, stroke or sudden death. If I experience any of these or any other symptoms while exercising, I will discontinue the activity, notify the Group Instructor, and consult my physician. 

I certify that I am capable of performing physical exercise and acknowledge that I am voluntarily participating in this Group Exercise Program. I am participating in the Group Exercise Program with knowledge of the dangers involved. I understand that I will be fully responsible for complying with any restrictions prescribed for me by my personal physician and that I agree to consult my personal physician for further evaluation and such medical care as I require. 

I acknowledge that my participation in the Group Exercise program is at my sole risk. You are advised to consult with your personal physician before participation in the training sessions. If any client refuses to consult their physician before participating in any exercise program they must sign a Release of Liability Form and sign a Refusal of Medical Consultation Form (Members who have had a physical exam within the year will also need to sign this form) If recommended by your physician, you should consult with him/her on a regular basis. The Group Instructor or other fitness staff will not be responsible for monitoring your compliance with your physician's recommendations. Even consultation with your regular physician is in no way a guarantee against the possibility of adverse occurrences during the training sessions. 

In consideration for my voluntary participation in the Group Exercise Program I, my family, heirs, executors, representatives, administrators, and assigns do hereby waive, release, and forever discharge the company known as Jen Cui Health, and their respective managers/officers, directors, employees, and agents; and my group instructor, from any and all responsibilities, liabilities and lawsuits, present or future, and causes of action for ordinary negligence, whether foreseeable or unforeseeable, arising out of or related in any manner directly or indirectly, to my use of or access to the Jen Cui Health Services/Programs and my participation in the Group Exercise Program. This waiver includes, but is not limited to such claims that may result from any injury, illness, or death, accidental or otherwise, during or arising in any way from my participation in any exercise or recreation activity or fitness testing associated with the Group Exercise Program. I hereby agree to expressly assume and accept sole responsibility for the risk of injury or death so long as they are not the result of gross negligence by the company known as Jen Cui Health and/or my Group Instructor.  I certify that I have read the above Group Exercise Waiver and Release of Liability and have had any questions answered to my satisfaction.

MEDIA AND PHOTOGRAPHY: I hereby grant permission to Jen Cui Health to photograph me and/or record me on video at Jen Cui Health virtual classes and events, in person classes, programs, and/or events and to use this material, in whole or in part, to promote Jen Cui Health.. I understand that the material will remain the property of Jen Cui Health. I further waive any claim to remuneration for material used for these purposes.

LIVESTREAM GROUP FITNESS CLASSES, WORKSHOPS, AND EVENTS

Monthly subscribers will be automatically billed at the beginning of each monthly payment cycle. Your monthly payment makes you eligible for unlimited classes, workshops, events, and trainings during your monthly payment cycle. If you wish to cancel, you will not be refunded or prorated for the current billing cycle, but will not be further billed.

For example: if you subscribe on August 13th, you will be billed for the next cycle on September 13th. If you wish to cancel your membership in September, you can do so at anytime between September 1st-12th. If you cancel after September 12th, you will still be billed for the September to October cycle and remain a member, but your subscription cancellation will be in effect for the following billing cycle and you will no longer be a member starting October 13th.

10 Live Class Pass holders will be eligible for 10 classes totaling 600 minutes of class time sign-ups. This allows flexibility in choosing classes and can be used to combine 60-minute classes and 30-minute classes. You must use your 10 Live Class Pass within 90 days of purchase as it will expire at 90 days.

ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

Jen Cui only offers products for sale that are in stock and available for purchase. You may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock and we will contact you when your items become available.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.

Jen Cui will store information of your purchases for a minimum of 1 year.

PAYMENT

We accept PayPal, Venmo, Visa, Mastercard, and American Express and any other methods which may be clearly advertised on the site from time to time. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Jen Cui, we will not be liable for any delay or non-delivery.

We take reasonable care to make our site secure. All credit/debit card transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Jen Cui user, we will never securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple, and secure, Jen Cui uses Secure Socket Layer (SSL) technology.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

PROMOTION CODES

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

INTELLECTUAL PROPERTY RIGHTS

Your use of this site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Jen Cui software and all HTML and other code contained in this site. All such content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the content only as expressly authorised by Jen Cui and/or its third party licensors. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.


CONTENT

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this site. Jen Cui tries to ensure that the information on this site is accurate and complete. Jen Cui does not promise that Jen Cui’s Content is accurate or error-free. Jen Cui does not promise that the functional aspects of the Site or Jen Cui’s Content will be error free or that this site, Jen Cui’s content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

Opinions expressed on our Testimonials section are the personal opinions of the authors and do not reflect the views of Jen Cui.

NO COMMERCIAL USE

This site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any content, software, products, or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.


YOUR ACTIVITY

You agree that you will be personally responsible for your use of this site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this site on a temporary or permanent basis.