Terms of Use
These Terms and Conditions (the “Terms”) establish how the Gaining Grit Health & Healing LLC’s website, https://www.gaining-grit.com/ (the “Website”), may be used and terms related to our services.
By continuing to use this Website or signing up for our services, you accept the Terms without limitation or qualification. Gaining Grit Health & Healing LLC (herein “Gaining Grit”, we, our, or us) may revise these Terms at any time and you shall be bound by same. If you disagree with any of these Terms, exit the Website now and refrain from further use. Children under age 16 are required to obtain an adult’s permission before submitting information to the Website.
ELIGIBILITY FOR SERVICES
Gaining Grit provides athletic training services to athletes and individuals who participate in physical activity.
REGISTRATION AND PAYMENT
Gaining Grit offers the following services: Evaluation Sessions, Consultation Sessions, and Individual Follow Up Sessions (“Sessions”). Certain Sessions may be available in packages. Payment for the Sessions is due at the time services are rendered or upon the purchase of any package of Sessions. Sales of Sessions are final. Gaining Grit will not issue refunds for any reason. Gaining Grit may refund 50% of the value of any unused Sessions purchased in a package, upon request.
We also offer Maintenance Memberships (“Memberships”). The minimum duration of a Membership is six months. The scope and requirements for Memberships are defined in separate terms of service which Gaining Grit will provide to you when you sign up. Memberships automatically renew every six months until cancelled. To cancel a Membership, call or text (262) 477-5550.
We reserve the right to decline to provide the requested services from any person on a case-by-case basis. Prices for our services may change without notice.
REFUNDS, RESCHEDULING, AND CANCELLATION
You may cancel or reschedule an appointment by providing at least 48 hours prior written notice. Notice must be submitted to us via call or text to (262) 477-5550. If you cancel prior to your appointment but with less than 48 hours prior written notice, you agree to pay a $35 cancellation fee. If you miss an appointment without any notice, you agree to pay the full amount for the appointment service.
Upon scheduling an appointment, You must place a card on file with Gaining Grit’s point of sale provider, Vagaro. By agreeing to place a card on file, you authorize Gaining Grit’s point-of-sale provider to save your credit card information for future transactions and you authorize Gaining Grit to charge the credit card on file, pursuant to these Terms and Conditions.
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DISCLAIMER
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The information contained on this Website is for educational and informational purposes only and is not intended as, and shall not be understood or construed as medical, health, or any other professional advice. We have done our best to ensure that the information provided on this Website is accurate and provide valuable information, but we cannot guarantee same. Neither Gaining Grit nor any of its owners or employees shall be held liable or responsible for (a) any errors or omissions on this Website; or (b) for any damage you may suffer as a result of failing to seek competent advice from a medical professional. You agree that Gaining Grit has not made any guarantees including without limitation about the results of taking or not taking any action. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and many other circumstances beyond our control and/or knowledge.
INTELLECTUAL PROPERTY RIGHTS
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We own all the media, videos, recordings, content, designs, trademarks, names, titles, logos, blog posts, written text, art, products, photographs, pictures, videos, music, graphics, sounds, templates, calendars, comments, posts, and underlying computer code (the “IP”) on this Website. In addition, the IP may also be protected by copyright and trademark laws and other restrictions, including for example, rights of privacy and publicity. You may not use any of the IP for any purpose including without limitation: publishing, selling, licensing, monetizing, performing, data mining, data harvesting, data extracting, advertising, marketing, or any other purpose, without our prior, written permission.
Third parties’ trademarks may also appear on the Website. You may not use these trademarks without written permission of the respective owners. However, nothing on the Website should be interpreted to mean that we have authority to grant any right or license on a third-party trademark owner’s behalf.
DOWNLOADING CONTENT
We grant you a revocable, nontransferable, nonexclusive license to download copies of articles, contact information, and other content provided on this Website, if you do not: (a) remove any copyright, trademark, or other intellectual property notice and (b) accept fees or other consideration in exchange for any articles, contact information, and other content provided on the Website.
UNLAWFUL USE PROHIBITED
You may not use this Website for any unlawful or improper purpose including, without limitation, (a) to harass or intimidate, (b) to upload, transmit viruses or similar malicious code that will affect the operation of the Website; (c) to collect others’ personal information; (d) to spam, phish, pharm, pretext, spider, crawl, or scrape; and (e) to submit false or misleading information. We reserve the right to terminate your use of the Website and/or our services.
WARRANTIES
NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED HEREIN, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ALSO DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THIS WEBSITE OR OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE.
RESERVATION OF RIGHTS
All rights not expressly granted in these Terms are specifically and completely reserved by us. Nothing on the Website or in these Terms, expressly or implicitly, by estoppel or otherwise, grants any right or license to use any of our IP or other property or the content or property of a third party.
LIMITATION OF LIABILITY
We, our employees and agents, shall be held liable (a) for anything arising out of or in any way connected with your use of this Website; (b) for any indirect, consequential, or special damages arising out of your use of this Website; (c) for anything arising out of or in any way connected with your use of our services; and (d) for any indirect, consequential, or special damages arising out of your use of the Website or our services. You hereby indemnify us, to the fullest extent possible, from and against any and all liability, liens, claims, demands, damages, expenses, fees, including actual attorneys’ fees, costs, fines, penalties, suits, proceedings, actions and causes of action of any and every kind and nature arising or growing out of or in any way connected with your use of the Website or our services.
ASSIGNMENT
Your rights and responsibilities under these Terms are personal to you and may not be assigned to any other person or entity.
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FORCE MAJEURE
If our performance of these Terms or any obligation under these Terms are prevented, restricted, or interfered with by causes beyond our reasonable control (“Force Majeure”), then our obligations shall be suspended to the extent we deem reasonably necessary. The term Force Majeure shall include, without limitation, acts of God, pandemic (including without limitation pandemic related to COVID-19), fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. If, because of a Force Majeure, we cannot deliver any products ordered within thirty days of the order date, we may, at our option, cancel the order and refund all payments.
ENTIRE TERMS
These Terms contain the entire agreement of the parties concerning the use of this Website and there are no other promises or conditions in any other agreement whether oral or written. These Terms supersede any prior written or oral agreements between the parties.
SEVERABILITY
If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
APPLICABLE LAW
These Terms shall be governed by the laws of the State of Wisconsin.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at gaining.grit21@gmail.com.