Welcome to the GMP Fitness Website. Please read the following Terms of Use and Disclaimers carefully before using this Website.
Terms and Conditions
Welcome to the website (the “Website”) of GMP Fitness®, LLC (“GMP or GMP Fitness”). GMP and its associates provide their services to you subject to the following conditions. If you visit or shop on this Website, you accept these conditions. Please read them carefully.
We understand the importance of privacy to our customers and visitors to our Website and GMP wants you to feel secure using our Website.
GMP collects only the personal information you provide to us when you purchase products from us, register for one of our courses or workshops, submit a request for a catalog, or request to be put on our email or newsletter list. Information about our customers is an important part of our business, and we are not in the business of selling it to others.
We use the information that you provide for such purposes as responding to your requests, to provide you notice of online specials and upcoming events for new product releases. GMP may inform you of such specials via email or direct mail. You may request at any time to be removed from our email list or mailing list simply by sending us an email and asking us to remove your name. By visiting, using, and/or registering on any of the GMP Websites, you signify your agreement to the terms and conditions of this, along with our Privacy Policy.
Any information we capture remains with GMP. Any and all information collected on this Website will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned. We use the information that you provide to send you information about our Website, products, and services.
This Privacy Policy applies only to the GMP Websites. Links within these Websites could direct you to third-party websites that are not owned or controlled by GMP. GMP has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, which may employ cookies and/or collect personal information. We recommend that you read carefully the policies and procedures related to personal information on these other websites. Once you link to another website, you are subject to the privacy policy of the new website.
Privacy
Please review our Privacy Policy, which also governs your visit to our Website, to understand our practices.
Electronic Communications
When you visit GMP or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Security
You may not access, collect, record, alter, or interfere with account data that does not belong to You. Any attempts or successes at violating another user’s data or privacy shall result in a breach of this usage agreement and may result in criminal or civil proceedings.
Copyright
All content included on this Website, such as text, articles, graphics, illustrations, photographs, logos, designs, button icons, images, audio clips, digital downloads, data compilations, audio and video excerpts, software, and all derivative rights thereof is the property of GMP, its content suppliers, or by third parties who have licensed their materials to GMP and is protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of GMP. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. GMP and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secrets.
By accessing and using this Website, you agree that you shall:
• Not copy, reproduce, republish, resell, upload, post, transmit, distribute, or exploit the Content from the Website in any way
• Not include GMP content in or with any product or service that you create or distribute;
• Not create derivative works from, exploit, or modify the Content in any way;
• Not, without our prior written consent, make public use of our name or any of our other identifiers or advertise, promote, or publicize the business relationship between you and us; and
• Not interfere with the security of, or otherwise abuse the Website or any system resources, services, or networks connected to or accessible through this Website.
Trademarks
GMP trademarks and trade dress may not be used in connection with any product or service that is not GMP, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GMP. All other trademarks not owned by GMP or its subsidiaries that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GMP or its subsidiaries.
License and Site Access
GMP grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of GMP. This license does not include any resale or commercial use of this Website or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this Website or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GMP. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GMP and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing GMP’s name or trademarks without the express written consent of GMP. Any unauthorized use terminates the permission or license granted by GMP. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of GMP so long as the link does not portray GMP, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any GMP logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account
Use of certain features on the Website might be limited and/or require registration. GMP shall have the right, in its sole discretion, to refuse or restrict anyone from access to the Website at any time for any reason. Upon registration, you may select your user ID and password (collectively “Password”) for access to and use of the applicable portion of the Website. When registering for your Password, you must provide accurate and complete information. If you use this Website, 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. If you are under 18, you may use our Website only with involvement of a parent or guardian. GMP and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify GMP immediately about any unauthorized use of your Password or any breach of security. You further agree that GMP shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than GMP.
Reviews, Comments, Emails
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. GMP reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant GMP and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GMP and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify GMP or its associates for all claims resulting from content you supply. GMP has the right but not the obligation to monitor and edit or remove any activity or content. GMP takes no responsibility and assumes no liability for any content posted by you or any third party.
No Links
You may not provide links to images or text on the Website without the express written consent of GMP. Upon our request, you will promptly remove any such link.
No Medical Advice
Our Website, courses, products and instruction provide information relating to sports, health, diet, exercise and fitness. It is not intended to provide medical advice.
Before participating in any to sports, health, diet, exercise and fitness program or using any to sports, health, diet, exercise and fitness products or services that may be described and/or made accessible to you in or through our Website and/or Courses, products and services, you should you consult with a physician or other healthcare provider.
Consumers and patients should always consult a medical professional for information and advice on the treatment of a specific condition or for any other medical need. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.
You recognize and agree that when participating in any sports, health, diet, exercise and fitness program, and/or when using any sports, health, diet, exercise and fitness products or services, there is the chance of physical injury and/or death, and you understand the risk and responsibility for any such results.
Our Website, including all content thereon, and Courses, products and services are not intended to be alternates for medical advice from your doctor or health care provider and GMP makes no warranties, express or implied, as to the totality, accuracy, or appropriateness for any purpose of any information or content contained in its programs, our Website or our Courses, products and services.
You are informed that health advice is frequently susceptible to updating and improving due to medical investigations and advancements. We are dedicated to delivering to you the most up to date information, however, we make no warranty that the information here (on our Website and in our Courses) is the latest on any specific topic. You should discuss with your health care provider with any questions or matters you may have concerning any health condition that you may have before starting or using any sports, health, diet, exercise and fitness programs/products.
Our Website (including all content), Courses, products and services should not be used in place of advice given by qualified medical professionals such as your doctor. It is essential that Our Website (including all content) and Courses, products and services are utilized only in combination with experienced and qualified medical guidance.
GMP, its authors, producers, distributors, and manufacturers disclaim any and all liability or loss in connection with the sports, health, diet, exercise and fitness programs or from the use of any sports, health, diet, exercise and fitness program products.
Term and Termination
This Agreement shall remain in entire force and effect as long as it is posted on our Website. GMP holds the right to stop and cease your account or your entry to our Courses instantly, with or devoid of notice to you, and without liability to you, if GMP believes that you have broken any of the terms of this Agreement, provided GMP with false or misleading information, or intervened with the use of the GMP Website, content or Courses.
Security Components
You understand that the GMP Courses and software embodied within the GMP Courses and Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by GMP and/or content providers who provide content to GMP. You may not attempt to override or circumvent any such security components and usage rules embedded in the GMP Courses. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Website or in the GMP Courses, in whole or in part, is strictly prohibited.
THIS SECTION CONCERNS THE GMP FITNESS COURSES
Non-Commercial Use
The GMP Courses may not be used in connection with any commercial purposes, except as specifically approved by GMP. Unauthorized framing of or linking to any of the GMP Courses is prohibited.
Third Party Content
GMP Courses also contain content of our third party licensors, which are protected by copyright, trademark, patent, trade secret and other laws. You shall acquire no ownership or other interest in the GMP Courses to which you register other than the right to access and use such GMP Courses under this Agreement. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any content appearing on or through the GMP Courses.
Online Access Usage Terms
All registrations and logins are confirmed by initial registrant’s IP Address and are documented each time for validation purposes. If the registered student shares their login information, the initial registrant will instantly forfeit all privileges and access to the online learning portal and course(s). No refund will be granted if the initial registrant fails to adhere to these terms.
Online Formatted Courses and/or Digital Downloads Policy
Upon creating an account in our online learning portals and/or logging in to any online program(s), membership or services or accessing and downloading any digital product(s) the user has read and agreed to the policies as provided in the “Course Materials Copyrights Terms” before placing the order.
If you have not read them please click here for complete details >
No refunds, cancellations or exchanges will be given, no exceptions will be done.
• Online delivery, digital and downloadable programs, online formatted materials are all non-refundable.
Home Study Courses and Other Products Policy
Upon creating an account on GMP Fitness, the user has read and agreed to the policies as provided before placing the order. No refunds, cancellations or exchanges will be given, no exceptions will be done.
• Home study course materials are all non-refundable.
• Exam fees are non-refundable.
• Membership subscriptions are non-refundable.
• Shipping, exam and administrative fees are non-refundable.
• Other Products are non-refundable whether purchased separately or in a bundled program/product.
All Course Usage Terms
Ownership transfers, full account or individual product, are handled on a case by case basis and can only be completed with written agreement from GMP Fitness.
• Credit and/or refunds are provided at our sole discretion.
Prohibited Actions
You agree not to interrupt or attempt to interrupt the operation of the Website. You may not use any automated tool to mine the Website for information or to fill out forms on the Website. The web and email servers maintained by GMP and the emails associated with the domain cannot be used for the delivery of unsolicited bulk email or for any malicious or unlawful purpose. We reserve the right to limit or deny a user’s access to the Website or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. You may only use the Website for lawful purposes. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law.
Product Descriptions
GMP tries to be as accurate as possible. However, GMP does not warrant that product descriptions or additional content of this Website is accurate, complete, reliable, current, or free of errors.
Shipping/Delivery Time
In-stock courses usually ship in 1-2 business days (48 Continental US) for orders placed Monday through Friday, excluding holidays. In-stock courses usually ship in 3-5 business days (Alaska, Hawaii, Canada & International) for orders placed Monday through Friday, excluding holidays. Shipping rates vary on location.
Access to online courses could take 1-2 business days to process.
Customs Charges
Customs, import duties or other taxes and fees may be charged when a parcel arrives at its destination country. Any customs charges upon delivery are solely the responsibility of the customer. Any subsequent carrier handling fees (as a result of custom charges) are also the responsibility of the customer. GMP has no control over these charges and GMP cannot to tell you what the cost would be as customs policies and import duties vary widely from country to country. You can contact your local customs office before you order or alternatively you could use www.dutycalculator.com to find out more information on present-day charges.
Discounts or Sale Pricing Offers
Offers given after a course/product/service has been purchased can not be adjusted. Pricing is “as listed” at the time of purchase. No credits or adjustments will be issued after a course/product/service is purchased. Pricing is subject to change without any prior notice.
Trial Subscriptions
You agree your trial to a membership product will be automatically renewed at the end of the initial trial membership period (7 days). Unless you cancel your trial membership in advance of the trial expiration date your credit card, bank account or PayPal account will be automatically charged.
Membership Refunds
There are no refunds for memberships.
Automatic Renewal
You agree your membership will be automatically renewed at the end of the initial membership period and future periods thereafter. You will not be notified in advance of a payment being taken.
Therefore, at the end of your yearly membership you authorize us to charge your card or another available card on file for the next 1-year membership. If you do not want to remain with your membership at the end of your membership – you will need to cancel. Your membership continues until canceled.
If your renewal payment is declined by the issuing bank, credit card provider or PayPal, you will have 30 days to provide a new payment mandate or your membership will be cancelled. If the subsequent charge is successful and we receive payment within the 30 days, your membership period will be based on the original renewal date and not the date the subsequent payment is taken.
Membership Fees and Payments
We will always let you know in advance of any increase in your membership price and offer you the opportunity to cancel your membership if you do not want to pay the new price.
PayPal: For PayPal Membership Orders
You authorize PayPal to make payments to GMP Fitness.
You may contact us anytime by emailing info@gmpfitness.com
Return Policy
GMP Fitness education and training course enrollment, course fees, course materials, and shipping fees are non-reusable and non-returnable. If you are not satisfied with your order, please contact GMP Fitness Customer service immediately via telephone at 888-467-3488 or via email at info@gmpfitness.com. All sales are final unless order problems/issues are confirmed by GMP Fitness, at its sole discretion, to be actionable. In such cases, GMP Fitness may issue a full or partial refund for items purchased through the Website. All order problem/issue inquiries must be received within 24 hours of the order date listed on your confirmation email.
Risk of Loss
All items purchased from GMP Fitness are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
LIMITATION OF LIABILITY
Disclaimer
THIS WEBSITE IS PROVIDED BY GMP ON AN “AS IS” AND “AS AVAILABLE” BASIS. GMP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GMP DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM GMP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GMP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Use of the Website is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Website.
The Website (including, without limitation, all content, software, functions, materials and information made available or described on the Website or accessed by means thereof) is provided “as is,” without representations or warranties of any kind, either expressed or implied, by fact or law, other than those expressly set forth in this agreement.
GMP makes no warranty of fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, GMP makes no warranty or representation, either expressed or implied, that access to or operation of the Website will be uninterrupted or error free.
In no event will GMP, its suppliers, or any other party involved in creating, producing or delivering the Website’s content be liable for the truth, precision or wholeness of any information on the Website, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Website and/or the materials and information contained on or available through the Website.
GMP is not responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Website as a result of your use of the Website.
While we do not share or sell customer profile information including email addresses collected on the Website with outside companies, we make no guarantee of confidentiality or privacy of any communication or information sent or transmitted on the Website or any site linked to the Website. We will not be responsible for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information or any other content stored on our equipment, transmitted over networks accessed by the Website or otherwise coupled with your use of the Website.
Indemnification
You agree to indemnify and hold GMP and its subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
Release
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE GMP AND GMP PARTIES AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER,WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE AND SERVICES.
Applicable Law
By visiting GMP, you agree that the laws of the state of New Jersey, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and GMP or its associates.
GMP operates the Website from its offices in New Jersey, and makes no representations that materials in the Website are appropriate or available for use in other locations. The display of the Website alone does not subject GMP to any specific jurisdiction. Access to the Website from any territory where the content is illegal is prohibited. If you choose to access the Website from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. You may not use or export any of the Website materials in violation of U.S. export laws and regulations. Any claim related to the use of the Website or to the Website materials shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of this Website shall be filed only in the appropriate state or federal court located within the State of New Jersey. The access, viewing or use of this Website constitutes the user’s express permission and consent to the jurisdiction of the state and/or federal courts of the State of New Jersey for purposes of such actions.
Disputes
Any dispute relating in any way to your visit to GMP or to products you purchase through GMP shall be submitted to confidential arbitration in New Jersey, except that, to the extent you have in any manner violated or threatened to violate GMP’s intellectual property rights, GMP may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies, such as our FAQs, posted on this Website. These policies also govern your visit to GMP. We reserve the right to make changes to our Website, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Privacy Policy
By agreeing to these Terms Of Use you also agree you have read and accept GMP’s PRIVACY POLICY.
If you have any questions regarding this Agreement, please contact us by email at info@gmpfitness.com.
