G-Fitness. Terms of Use

Effective: December 1, 2018


G-Fitness (G) is a Mister G company for the purpose of showcasing all creations fitness or fitness-related products and / or services by or endorsed by Mister G.

G’s Products/Services; Websites; Orders.

  1. Our Guarantee.

Most of our products and services carry a specific money back guarantee, return or exchange policy starting from the date that the product or service is delivered or supplied to you. Please review the information provided with your product/service for specific details.

To exercise your money back guarantee and/or return or exchange a product or service, please call our Customer Service at (747) 900-6006 for a Return Authorization Number and return the same within the required time period specific to your product or service. Products that come with a money back guarantee will receive a refund of the purchase price, less applicable shipping and handling, unless stated otherwise. In some cases, you may also be responsible for paying to ship any products back to us. We will not be responsible for any loss or damage to returned products that occur in transit. If returned products are lost or damaged in transit, we reserve the right to charge you for, or not refund any amounts attributable to, any such lost or damaged products. Should you experience any difficulty or delay in returning a product and securing the proper refund, please call Customer Service at the number above.

 Product and Service Descriptions, Price and Other Information.

We have taken reasonable precautions to ensure that all product descriptions, prices and other information shown on our websites are correct and fairly described. However, when ordering products or services through our websites, please note that:

  1. G reserves the right to not accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;
  2. G reserves the right to refuse or discontinue the supply of any product or service to any customer, or change, suspend or discontinue any aspect of our websites at any time in our sole and absolute discretion;
  3. all prices are displayed in United States Dollars unless expressly indicated otherwise;
  4. packaging and contents may vary from that shown on our websites;
  5. any weights, dimensions, and capacities shown on our websites are approximate only;
  6. when you place an order, we estimate the tax applicable to your order and include that estimate in the total for your convenience (the final tax amount will be based on the then-current rate as established by the taxing authority, charged to your payment card, and reflected in the order confirmation and package invoice we provide to you); and
  7. all items are subject to availability and we will inform you as soon as reasonably possible if any product or service you ordered is not available and whether we may offer you an alternative of equal or higher quality and value.

Please also note that we may be required to change the terms of any products, goods or services that we offer and/or you purchase. This includes without limitation changes to prices, taxes, shipping and handling amounts, specifications, delivery times, and/or package contents. We will provide you with prior notice of any changes, by posting a notice on our websites, sending an e-mail to you at the address you provided at the time of purchase, or by including a notice in any products you receive on an automatic recurring or subscription basis. G will not incur any obligation as a result of such change. As a valued customer, you are always free to cancel future orders at any time by calling our friendly Customer Service at (747) 900-6006. By continuing to accept products, goods and/or services after we have notified you of a change to any terms, you will be deemed to have accepted the change.

Order Processing.

We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will of course refund your payment.

All purchases are subject to applicable shipping and handling, and sales and/or other taxes, which will be applied to your order total. For non-shippable goods, sales and/or other taxes will be calculated based on the billing address provided. For shippable goods, sales and/or other taxes will be calculated based on the shipping address provided. For orders that consist of both shippable and non-shippable goods, sales and/or other taxes will be calculated based on the shipping address provided.

Your Personal and Payment Information.

When you provide any information to us for any reason, such as to sign up for an offer, use our mobile applications, or purchase our G Services, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment card information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card. In the case of e-mail, you must provide an accurate e-mail address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify us if your payment card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service at (747) 900-6006. To help keep your account current and prevent service interruption, you acknowledge G may update your payment card information on file when it is set to expire or based on updates it receives from the bank that issues your payment card. You agree that your placement of an electronic order on our websites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

Shipping.

We will take commercially reasonable efforts to ship your products within the time frame we provided to you at the time of purchase. Certain products shipped within the continental United States will in most cases be delivered within 3-6 business days if your product is eligible for express shipping. Packages shipped outside the United States or to Alaska, Hawaii or U.S. territories may take longer and up to 7-21 days. Please see the tracking information provided with your order confirmation for approximate delivery time frames.

Please note that any time frames we provide are good faith estimates and may be subject to change. We will take commercially reasonable steps to inform you in writing of any shipping delays that extend beyond the time frame we provided at the time of purchase. Product availability may be limited in some cases and not available for immediate shipment. In that case, products may be delivered in separate shipments depending on availability. For example, if your purchase included two or more items, we may ship those products which are in stock, and later ship the other products to you when they become available. You are always welcome to call Customer Service at (747) 900-6006 if you wish to cancel or modify your order due to a delay in shipping. We will not be liable beyond refunding your purchase price if there is a delay in delivering your product(s). We are not responsible for shipping delays due to factors outside of our reasonable control, such as bad weather, natural disasters, strikes, protests, government disruptions, etc.

Since we are not authorized to sell our products in all jurisdictions, we may reject certain purchases based on the shipping address provided. Please note we reserve the right to set appropriate shipping terms for shipments to certain foreign jurisdictions that are fulfilled from U.S. warehouse locations.

IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCTS.

We offer certain products and services on an automatic or subscription basis, so you can enjoy all the benefits of our products or services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annual basis, etc.). By choosing the automatic subscription option, you acknowledge and agree your subscription will automatically renew, and unless and until you cancel, you authorize us to charge your payment card for the products/services you continue to purchase, plus applicable shipping and handling, and taxes. If you purchased a subscription with a free trial period, you authorize us to charge your payment card when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. Physical products will be delivered to the address you provided during your initial purchase. Certain subscription services such as G OnDemand and Pro Team memberships are not physical products, and thus, are not shippable. Your automatic subscription will continue until you or G cancel your order. If there are any changes to your subscription terms, such as pricing, frequency, date of charge or any other items, we will take commercially reasonable efforts to inform you in writing of such change. You may modify or cancel your subscription at any time by calling our Customer Service at (747) 900-6006. Any modifications or cancellation of your subscription must be received by us at least three (3) days prior to the next scheduled payment/ship date in order to take effect for that period. If you cancel less than three (3) days prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period.

International Orders.

We do not directly sell certain products in any jurisdiction other than the United States as these products may not be approved for sale in other jurisdictions. While G may choose to accept orders for the purchase of its products from non-residents of the United States, the acceptance of such orders and the sale of such products will only be based on the following conditions precedent:

  1. you agree that the purchase of any G products by you, as a non-resident of the United States, shall be (a) ex works G’s facilities in the U.S. per Incoterms 2010, with all title risk and loss in the products passing to you in the U.S. and (b) for your own personal use only and not for further resale or distribution in any manner;
  2. you agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period;
  3. you hereby expressly authorize and direct G to load and ship the purchased products to you to your designated ship to destination, and to contract on your behalf with a common carrier or courier company for that purpose;
  4. you are the principal importer of record, responsible for ensuring any products can be lawfully imported into your country, and will undertake responsibility for any and all applicable taxes, shipping, customs clearance, duties and import requirements from G’s facilities in the U.S. to your foreign ship to destination; and
  5. the United Nations Convention on the International Sale of Goods shall not apply to any purchase or sale, and G expressly opts out of such application.

For products shipped outside the United States, please note that some G Services, including without limitation, exercise programs, content, manuals, instructions and safety warnings may not be localized in destination country languages; and the products, goods, services and accompanying materials may not be designed in accordance with any non-United States destination country standards, specifications, and labeling requirements. In those cases, you expressly accept those GPP Services in the English language and as they are sold in the United States.

  1. GPP OnDemand.

If you are an active, paid subscriber of G OnDemand, you will be able to stream a variety of G exercise and nutrition programs and gain access to related digital-only program materials, such as workout calendars, nutrition guides, and more. In addition, active, paid subscribers of G OnDemand may purchase early access to premium G content, which will be available for as long as you are a member of G OnDemand. GOnDemand memberships are not transferable and may only be used by the individual who signed up for the account. If you cancel your membership, you will no longer have access to any G content through G OnDemand, unless otherwise stated.

  1. G’s Reservation of Rights.

GPP reserves the right to suspend or terminate your interaction with any G Services for any or no reason in its sole and absolute discretion, including your access, use or purchase of any products, goods or services that we provide. If you are accessing, using and/or purchasing any G Services on behalf of a company, you represent you have sufficient authority to bind that company to these Terms.

  1. Important Notice About Our Fitness and Nutrition Content.
  2. The G Services Do Not Constitute Medical Advice or Other Professional Healthcare Advice.

Although G provides its products and services with your health and safety in mind, each individual has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by G, and obtain appropriate authorization before accessing or using any G Services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. ALL G-Fitness (G) SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. The information made available on or through the G Services should not be relied upon when making medical or other important healthcare decisions. G DOES NOT PROVIDE CLINICAL SERVICES. ANY INDIVIDUALS CERTIFIED BY G IN ANY G PRODUCTS OR SERVICES ARE NOT FUNCTIONING IN ANY CLINICAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. YOUR USE OF ANY G SERVICES DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND G OR YOU AND ANY PERSON CERTIFIED THROUGH G.

Any individual results using G Services may vary. Exercise and proper diet are necessary to achieve and maintain weight loss and muscle definition. The testimonials featured on our websites may have used more than one G product, nutrition program and/or supplements, or extended the program to achieve their successful results.

  1. Nutrition Information.

 Certain G Services, such as nutrition plans provided with our fitness programs and online nutrition database, and access to live chats with our nutrition team, provide nutrition, food, caloric and other related information designed to help our customers eat healthy to help them reach their health and wellness goals. While any nutrition information we may provide is designed to safely align with our related exercise regimens, you must consult your physician or other licensed healthcare provider before beginning any nutrition plan or altering any dietary regimen, especially if you have any unique or special medical needs or conditions, such as food allergies, dietary restrictions or if you are pregnant or breast feeding. The G Services are not a substitute for professional care. If you have or suspect you may have a medical or psychological problem, or a nutritional deficiency or dietetic condition, you should consult your medical doctor, psychologist or nutritionist, as appropriate.

  1. Assumption of Risk.

 You expressly acknowledge and agree that your access, use and/or involvement with any G Services G Coach distributors, or individuals certified by G in any G products or services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless G from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any G Services.

  1. Piracy.

Counterfeit products hurt us all. While it causes immeasurable harm on a global basis—such as funding terrorism and organized crime, causing identity theft, and contributing to lost business and jobs—it also significantly harms companies, governments, and consumers. G Power Productions, LLC.® is a victim of this problem and suffers from the illegal stealing, manufacturing, importing and selling of counterfeit GPP products. Although we are waging the war against counterfeit products, we need your help! If you ever learn of any counterfeit activity, please let us know by sending an email to info@gpowercreations.com

  1. Copyright Policy and Copyright Agent.

It is G’s policy to respect the copyright and other intellectual property rights of others. G may remove content from its websites or other properties that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, G may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, G complies with the Digital Millennium Copyright Act.

If you believe that content available on or through the online G Services, or accessible via links posted on online G Services, infringes your copyright, you or your authorized agent may submit a notification to us, as set forth in this policy. Please send a notification including all of the information described below (“Notification”) to our copyright agent by mail or e-mail using the contact information provided below.

You may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link posted on the online G Services infringes your copyright, you should contact an attorney.

A Notification must include the following:

  1. Identification of the copyright claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of works.
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material (preferably a link to the material).
  3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law.
  5. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  6. A statement that the information in the Notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please direct Notifications via email to: info@gpowercreations.com or by mail to:

G-Fitness

23400 Park Sorrento

Calabasas, CA 91302

Attn.: Legal Dept.

Upon receipt of a substantially compliant Notification regarding an alleged copyright violation, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing. We will also terminate in appropriate circumstances users who are willful or repeat infringers