Terms of Use

This website [Fitnesswithjen.net] is owned and operated by Jennifer Kroeker. These Terms set forth the terms and conditions under which you may use the website, fitnesswithjen.net and services as offered. This website offers visitors wellness information, independent instruction and coaching related, but not limited to Block Therapy™ and or Fluid Isometrics. Block Therapy™ and Fluid Isometrics are used interchangeably on this website. Block Therapy™ is a Trademark name and anywhere Block Therapy appears on this site, whether with ™ or without, it is assumed to be Trademarked. By accessing or using the website or our service(s), you approve that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy. ​

Visitors, viewers, users, subscribers, members, students, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”

​ In order to use our website you must be of the legal age of majority in your jurisdiction or have written parental or guardian consent to partake in services offered, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

​ All visitors agree that by partaking in any Block Therapy™/Fluid Isometrics instructional classes offered by Jennifer Kroeker, they have read, understood, returned and agreed to be bound by a signed copy of the Block Therapy™/Fluid Isometrics Student Liability Form prior to the student’s first class. Signed copies of the Block Therapy™/Fluid Isometrics Student Liability Form must be returned to Jennifer Kroeker if this is the visitor’s first time instruction. Digital or paper copy are acceptable forms of return. ​

Visitors agree not to partake in any Block Therapy™/Fluid Isometrics instructional class offered by Jennifer Kroeker without first having reviewed, signed and returned a Block Therapy™ Student Liability Waiver to a Block Therapy™/Fluid Isometrics Certified Instructor as deemed competent by Block Therapy™/Fluid Isometrics. ​

A copy of the Block Therapy™/Fluid Isometrics Student Liability Form is available under class registration on the website, proceed to “Block Therapy Student Registration & Waiver (etransfer, Cash or Interac/Debit Payment)”. ​

When buying an item or service from this website, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. ​

Any visitor who purchases a product or service as listed on the website which involves the temporary loan/use of supplies including but not limited to the Block Buddy and or Block Baby from Jennifer Kroeker agrees to return said supplies in the mutually agreed upon timeframe and in the same working condition prior to temporary use. The maximum allowable time for a visitor to hold a product on temporary loan is 3 weeks from time of possession. Failure to return the Block Buddy and or Block Baby or any temporary product within this timeframe may lead to cancellation of services with no refund and or legal action to obtain either the product on loan or financial reimbursement in the amount equal to the retail price of the Block Buddy/Block Baby. The visitor agrees to return all products that were leant in good faith, in good working order. Failure to return the Block Buddy and or Block Baby in good working order may result in cancellation of services without refund and or legal action to obtain financial reimbursement in the amount equal to the retail price of the Block Buddy/Block Baby.

The prices we charge for using our services or our products are listed on the website. We reserve the right to change our prices for products or services displayed at any time, and to correct pricing errors that may inadvertently occur.

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged accordingly to your payment method.

Any visitor who purchases any product or service directly from Block Therapy™/Fluid Isometrics, whether through an affiliate link from fitnesswithjen.net or not, agrees to be bound by the applicable terms of use from Block Therapy™/Fluid Isometrics and agrees not to hold Jennifer Kroeker liable or accountable for any losses that may be incurred from the purchase of such products or services from Block Therapy™/Fluid Isometrics. ​

REFUND POLICY
All classes or sessions must be cancelled or rescheduled at least 24 hours in advance of the scheduled start time in order to obtain a full refund. Please call, text or email to cancel or reschedule your service/class/session. Failure to do so will result in full payment of the scheduled service.

​ For emergency cancellations or rescheduling of any classes or sessions, all visitors are required to contact us by phone at 1-204-955-0629. Exceptions will be made on a case-by-case basis. Fitnesswithjen.net accepts no responsibility if they are unavailable by phone within the 24-hour time frame prior to the scheduled class or service. ​

Refunds if applicable, may take 5-10 business days to show in your online statements.

​ If you have purchased a package of classes and wish to be refunded, visitors will receive the remaining balance of unused classes only. Once a class/service has taken place, no refunds will be offered on that class/service.

Unused classes that are not booked or that expire after 1 year from time of purchase will not be refunded. ​

Refunds of classes/services may be withheld or withdrawn if a visitor obtains a product such as the Block Buddy and or Block Baby and fails to return the product in the agreed upon time, up to a maximum of 3 weeks from time of possession or in good working condition (See Above). ​

OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS AND LOGOS

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Jennifer Kroeker and or Block Therapy™/Fluid Isometrics. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

RETENTION OF RIGHT TO CHANGE OFFERING

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

RIGHT TO SUSPEND OR CANCEL USER ACCOUNT

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.

INDEMNIFICATION

You agree to indemnify and hold Jennifer Kroeker harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Jennifer Kroeker, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Jennifer Kroeker assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

RIGHT TO CHANGE AND MODIFY TERMS

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don’t want to receive such promotional materials or notices – please just notify us at any time.

APPLICABLE LAW

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Canada / Manitoba, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Winnipeg. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

CONTACT INFORMATION

Jennifer Kroeker
23159 Road 60 North Oakville, Manitoba, R0H 0Y0 Contact Email: fitnesswithjen2@gmail.com, All Rights Reserved.