Terms and Conditions
Agreement between User and www.gstbody.com
Welcome to www.gstbody.com. The www.gstbody.com website (the "Site") is comprised of various web pages operated by Poetic Body Productions, LLC dba GST Body ("GST Body"). www.gstbody.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.gstbody.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.gstbody.com is a site for E-Commerce, Online Products, and In Person Services.
www.gstbody.com sells and distributes products and information related to physical wellness and exercise, as well as facilitates the user's participation in in person services such as classes and private sessions.
Visiting www.gstbody.com or sending emails to GST Body 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 GST Body is not responsible for third party access to your account that results from theft or misappropriation of your account. GST Body 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
GST Body 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.gstbody.com only with permission of a parent or guardian.
These products are not returnable:
- In person purchases: any in person classes or private lessons are not returnable. Classes and private lessons may be canceled but cancellation must occur no later than 24 hours in advance of your reservation/appointment.
- Virtual purchases (including Programs and Videos): due to the digital nature of these products, they are not returnable.
- DVDs: opened DVDs are not returnable unless defective.
To return a returnable item to GST Body, buyer must contact GST Body at [email protected] for authorization.
- Proof of purchase must accompany all returns.
- GST Body must receive Buyer’s request for a return within thirty (30) days from the date of original shipment (the date stated on the invoice) and must receive the returned items within thirty (30) days from the date on which buyer receives their return authorization from GST Body.
- Returned items must be in their original condition, including any retail packaging, in order to be accepted.
- If the item arrived damaged or was not what you ordered, GST Body will pay the return shipping cost. For all other returns you are responsible for the return shipping cost, for any damage or loss during shipment back to us, and for a 20% restocking fee.
Links to Third Party Sites/Third Party Services
www.gstbody.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of GST Body and GST Body 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. GST Body is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GST Body of the site or any association with its operators.
Certain services made available via www.gstbody.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.gstbody.com domain, you hereby acknowledge and consent that GST Body may share such information and data with any third party with whom GST Body has a contractual relationship to provide the requested product, service or functionality on behalf of www.gstbody.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 GST Body 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. GST Body 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 GST Body 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 GST Body or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You may be able to connect your GST Body account to third party accounts. By connecting your GST Body account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by GST Body 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 GST Body Content accessed through www.gstbody.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless GST Body, 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. GST Body 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 GST Body 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 GST Body 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.
Assumption of Risk and Release of Liability
GST Body specifically DISCLAIMS LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES and assumes no responsibility or liability for any loss or damage suffered by any person as a result of the use or misuse of any of the information or content on this website. Poetic Body Productions assumes or undertakes NO LIABILITY for any loss or damage suffered as a result of the use or misuse of any information or content or any reliance thereon.
USE AT YOUR OWN RISK: This website is for informational purposes only. Consult a physician before performing this or any exercise program. It is your responsibility to evaluate your own medical and physical condition, or that of your clients, and to independently determine whether to perform, use or adapt any of the information or content on this website. Any exercise program may result in injury. By voluntarily undertaking any exercise displayed on this website, you assume the risk of any resulting injury.
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. POETIC BODY PRODUCTIONS, LLC DBA GST BODY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
POETIC BODY PRODUCTIONS, LLC DBA GST BODY 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. POETIC BODY PRODUCTIONS, LLC DBA GST BODY 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.
As a condition of your online enrollment in and participation in the remote and online GST® program, related events, and activities, and if you have purchased or use GST equipment, you acknowledge, appreciate and agree that:
- The risk of injury from activities involved in this program is significant, including the potential for personal injury, permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce the risk, the risk of serious injury does exist.
- You should not engage in any exercise program without first conferring with your physician. Do not engage in any strenuous physical activity unless you know it will be within your body’s tolerance for stress on your system. By engaging in this program you represent that you are comfortable that the exercises you will perform are well within your body’s acceptable range of acceptable activities, and you agree that GST has no responsibility whatsoever for any injury or damage you may incur by participating in the program. You agree that GST is not responsible for determining your physical and medical condition.
- You should stop exercising immediately if at any time you experience shortness of breath, chest pain or any other symptom of discomfort. This may be a sign of a serious medical event which you should pay attention to. If you are in a class, advise your instructor right away.
- Do not do any exercise which makes you uncomfortable. You agree to be solely responsible for determining the appropriate amount of activity, exercise and participation in the program and further agree that GST has no responsibility whatsoever for any injury or damage you may incur by participating in the program.
- If you have purchased equipment from GST, inspect it as soon as possible after you receive it. If anything appears to be not right, broken or inappropriate, do not install or use it until it is inspected by GST or an appropriate mechanic. Once in use, stop using it immediately if it or any part of the equipment appears to be broken or not working correctly.
- GST has no way of knowing if your premises has the ability to have equipment installed or if you know how to appropriately install equipment. For example, GST can not know the location of 2 by 4’s in your walls to anchor equipment intended to be attached to a wall, if you own or have access to the correct tools for use in installing equipment or if you have the mechanical ability to correctly install equipment. You agree to be solely responsible for installation and use of the equipment and agree that GST has no responsibility whatsoever for any injury or damage you may incur by using the equipment you purchased from it and by using equipment to participate in the program.
YOU EXPLICITLY AGREE TO THE FOLLOWING CONDITIONS
- I knowingly and freely assume all risks, including the risk of serious injury or death, both known and unknown, even if arising from the negligence of GST or others, including Releasees (defined below) and assume full responsibility for my participation in GST programs or equipment.
- I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless GST®, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct an event (“Releasees”), with respect to all and any injury, disability, death, or loss or damage to person or property, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law.
GST Body 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 GST Body as a result of this agreement or use of the Site. GST Body's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GST Body'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 GST Body 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 GST Body with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GST Body 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
GST Body reserves the right, in its sole discretion, to change the Terms under which www.gstbody.com is offered. The most current version of the Terms will supersede all previous versions. GST Body encourages you to periodically review the Terms to stay informed of our updates.
GST Body welcomes your questions or comments regarding the Terms:
Poetic Body Productions, LLC dba GST Body
2146 ½ Beachwood Terrace
Los Angeles, CA 90068
Email Address: [email protected]
Telephone number: 310-895-9993
Effective as of October 04, 2019