INTRODUCTION

Welcome to our website (the “Site” or “Website”). These Terms of Service are a written contract (the “Terms”) between you and Gravity Transformation LLC (“Company,” “we,” “our,” or “us”) and apply to your use of our Website and any associated programs, services, and applications. These Terms also apply to your purchase and use of any goods or services (collectively, “Services”) relating to the Website. If you don’t agree to these Terms, you must stop using the Services.

We want to help you achieve a healthier and more fit lifestyle through fitness, group and coach support, and better nutrition. However, results vary based on various factors, including your starting point, goals, and effort. We do not promise or guarantee any specific results. 

The Website and Services are not a substitute for consulting with your physician. We are not physicians. We do not provide any medical or mental health treatment or advice. There is no physician-patient or similar relationship between you and us. You should always consult with your own healthcare and mental health professionals. You should use your own discretion in using our Services, including any nutrition and meal plan suggestions. If you have a medical emergency, you should immediately seek your own medical attention or call 911. 

ARBITRATION

This is important, so we are mentioning it here at the top of the Terms: 

These Terms contain an “Arbitration Agreement” where you waive your right to a jury trial and to bring a class action.

What is arbitration?

Legal disputes are often resolved in a public court of law in front of a judge and, sometimes, a jury. Arbitration is a less formal and more private way of resolving disputes. Instead of going to court, the parties give their arguments and evidence to an arbitrator, and the arbitrator decides who “wins” the case by applying the law in the same way that a judge would. In fact, many arbitrators are retired judges or lawyers. Instead of a courtroom, arbitrations are generally held in a private office, such as a conference room, or by videoconference. 

What is our Arbitration Agreement?

Under these Terms, ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE OR SERVICES, THESE TERMS, THE PRIVACY POLICY, OR ANY OF THE OTHER TERMS AND POLICIES LISTED IN THESE TERMS MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This means that we all agree that we will only resolve our legal disputes through arbitration and not in a court of law. Without this Arbitration Agreement, you would have the right to sue in court with a jury trial.

How will the arbitration work?

The arbitration must be filed and conducted through JAMS (www.jams.com), which is a provider of arbitration services. JAMS’ Streamlined Rules will apply to the arbitration. All claims, remedies, and defenses that either you or we have under applicable law (whether federal, state, or local) will remain available to you and us in the arbitration. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. 

What law will the arbitrator follow?

The laws of New Jersey govern these Terms. The arbitrator will apply New Jersey law to the claims in the arbitration. The Federal Arbitration Act applies to the Arbitration Agreement. 

Who pays for the arbitration?

In most cases, the only fee you will have to pay to JAMS is $250 to start an arbitration; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more (or even all) fees. 

The JAMS fees do not include attorneys’ fees. Regardless of who wins the claim, you will be responsible for paying your attorneys’ fees, and we will be responsible for paying ours. The only exception is if the claim is brought under a law that specifically allows a party to recover its attorneys’ fees. If this applies, the arbitrator may award attorneys’ fees under such law. 

Are there any instances where a court will get involved?

Yes. There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief.” Either one of us can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the arbitration agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts in Morganville, New Jersey. This exception for equitable relief does not waive our Arbitration Agreement.

Can I file a class action?

No. You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED. 

OUR PROGRAMS

Our Services include different programs. Results vary depending on various factors, such as starting point, goals, and effort. Ongoing exercise and a proper diet are necessary to achieve and maintain weight loss and muscle definition. The testimonials featured may have used more than one Gravity Transformation product or extended the program to achieve their maximum results.

Consult your physician and follow all safety instructions before beginning any exercise program or using any supplement, nutrition plan, or meal replacement product, especially if you have any medical conditions, including if you are post-partum or breastfeeding.

The contents on our Website are for informational purposes only and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical or mental health advise, diagnosis, or treatment.

General Rules

Unless otherwise specified, we do not allow combining any discounts, promotions, or special offers. Introductory offers and discounts are valid to first-time clients only and have no independent cash value. All sales are final subject to applicable laws. Should have any questions, comments, or requests, please kindly send us an email at support@gravitychallenges.com.

6 Week Shred Challenge 

This program may only be purchased by a new client. The program involves a paid deposit that is returned if you successfully complete one of the target goals within the given time period. We do not offer refunds for any reason except by successfully losing 20 pounds, losing 5% body fat, or gaining 5% lean body mass within 42 days of your submitted weigh-in. Weigh-out video must be submitted to show the ending results. Should you mistakenly not receive access to your purchased program for any reason, such as due to an email misspelling etc, please email us at support@gravitychallenges.com so that we can assist you promptly.

12 Week Lean Muscle Multiplier 

This program may only be purchased by a new client. The program involves a paid deposit that is returned if you successfully complete one of the target goals within the given time period. We do not offer refunds for any reason except by successfully gaining 15 pounds or gaining 5% lean body mass within 12 weeks of your submitted weigh-in. Weigh-out video must be submitted to show the ending results. Should you mistakenly not receive access to your purchased program for any reason, such as due to an email misspelling etc, please email us at support@gravitychallenges.com so that we can assist you promptly.

Body Transformation and Dreambody for Life Programs (USA Clients Only)

This program is offered to USA clients only. We do not offer refunds, as you receive immediate access to certain materials. You are obligated to complete all payments and installments as laid out in your signed agreement. Early cancellation is not permitted. 

Gravity Master Class Program

We do not offer refunds, as you receive immediate access to all training materials. 

PAYMENTS & REFUNDS

You agree to pay Company all fees associated with any purchases made by you through the Website. Except as expressly stated, THERE ARE NO REFUNDS AND ALL SALES ARE FINAL.

We stand behind the quality of our Services and products. Please contact us if you have any issues. Should have any questions, comments, or dissatisfaction, please kindly send us an email at support@gravitychallenges.com. We will do our best to remedy the situation for you.

Payment terms are outlined at the time of purchase. Generally, if you purchase the initial 6 week challenge, you will pay an initial deposit that will be returned to you if you successfully follow the program terms. If you purchase an installment product or program, your payment method will be charged by each installment period and may not be cancelled. If you purchase a free trial or subscription product or program, your payment method will be charged by each subscription period and automatically renewed unless you cancel pursuant to the terms outlined for you. If you reside in a state with a “cooling off” period, we strive to comply with any legal requirements. Eligibility and terms for any deals and promotions will be disclosed at the time of purchase. 

We may offer add-ons or upsells to Services, such as specialized coaching sessions or additional nutritional goods or services. Any add-ons or upsells may be one-time purchases or subscriptions, subject to the terms disclosed to you during your sign-up and purchase. 

Returns of your deposit for a successful challenge will be issued to your original payment method or, upon request, via store credit.

YOUR USER ACCOUNT AND CONTENT 

Your Account

We may ask you to create a user account (“Account”) to access certain parts of the Website and Services. To use the Services and your Account, you must be at least 18 years old and not have any health conditions that would prohibit your involvement with your program, such as pregnancy or an eating disorder. You are responsible for the information related to your account, some of which may be publicized to other potential and actual users. You promise that you will only provide complete and accurate information to us in connection with your Account. This means you cannot set up your Account in a manner that impersonates another person or business. If you violate this policy, we may terminate your Account and delete all your Content. 

Account Security

It is up to you to ensure your username and password are secure. You agree not to share your Account login details with anyone else. If you believe your Account has been accessed without your permission, you should immediately notify us.

Your Content

We refer to all content uploaded, posted, or communicated to or through us or the Website as “Content.” Your Content includes your reviews, images, photographs, profile pictures and information, video and audio recordings, artwork, music, literary works, gifs, memes, reviews, comments, ratings, and your interactions with other users through the Website. Your Content includes all Content posted through your Account, regardless of whether you posted it. 

It is up to you to make sure that your Content obeys these Terms and the law. It is not an excuse to say you did not understand the law, that you were simply reposting another user’s Content, or that you’ve seen similar content. Once you post it, the Content becomes your responsibility. 

Abusive and Illegal Content

You agree not to post any of the following types of content:

  • Infringing Content. Infringing Content is any Content that does not belong to you and for which you have not obtained permission from the owner to post it. For example, any photograph you did not personally take is infringing Content; however, if your friend took a photograph and gave you permission to post it on the Website, it is no longer infringing.
  • Illegal or Obscene Content. Any Content prohibited by law is also prohibited on the Website. We also prohibit obscene Content, including Content depicting violence, rape, drug use, and similar illegal acts, whether fictionalized or real. We do not allow Content containing pornography, depiction of sexual acts, or nudity, whether legal or not.
  • Threatening, Defamatory, or Invasive Content. We don’t allow any Content that threatens or spreads misinformation about other users or persons. We don’t allow any Content that violates a user’s privacy, such as doxing. The enforcement of this section is within our exclusive discretion. This means that we do not have to take down Content just because you feel it is dishonest or threatening. 
  • Commercial Solicitations or “Spam.” Do not post Content that solicits other users or constitutes spam. Spammy comments are a great way to get your Account terminated. If you see other users posting spam, you should report it. We appreciate your help with our effort to keep the Website spam-free. 

When you post prohibited Content, it creates legal problems for you and our Company. If a third-party asserts any legal claims against us regarding your Content, you agree that you will indemnify, defend, and hold us and our Company harmless for and against all claims asserted by third parties (including, without limitation, other users) that arise out of or relate to your Content. This means you will pay all attorneys’ fees and other costs we incur to defend our Company in a lawsuit related to your Content. As you can see, it’s easier and cheaper if you don’t post the prohibited Content in the first place.

To prevent such claims from happening, we reserve the right to remove or edit your Content, but we have no obligation to do so, and we do not conduct such reviews as a matter of practice.

Reviews 

If your Content contains any reviews or comments—including reviews of the Website, Services, and Company, you represent that such reviews and comments are true and accurately represent your experience. You understand and agree that, pursuant to the license granted in your Content, Company will have the right to republish all or part of your reviews and comments on the Website, Company’s social media accounts, advertising, and other media as Company deems fit.

Consent to Receive Electronic Messages

You consent to receive electronic communications from us, such as text messages, emails, and mobile push notification. Where required by law, we will provide you an additional, express opportunity to opt-in to receive such messages. You can always opt out of receiving electronic communications as follows:

  • For email, click on the “unsubscribe” link in the email and follow any subsequent directions.
  • For text messages, respond STOP.
  • For mobile push notifications, change your App permissions in the general settings for your mobile device.

For text messages, standard messaging rates will apply. You agree that all texts, calls, and prerecorded messages may be generated by automatic dialing systems. 

INTELLECTUAL PROPERTY

Your License to Use the Website

So long as you comply with the terms of these Terms (including all additional policies linked below), Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website. This license does not allow you to reproduce, modify, duplicate, copy, sell, resell, distribute, transmit, or otherwise exploit (for any commercial purpose or otherwise) any part of the Website—including the Content of other users—unless you first obtain our written permission. We reserve all rights not expressly granted in these Terms. If you breach any provision of these Terms, your license will automatically terminate.

Company’s License to Your Content 

You are always the owner of your Content; however, we require a license from you to legally display your Content on the Website or as otherwise authorized by you. Without this license, we could not allow you to upload any Content. Accordingly, you grant to Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content, including any reviews, stories, before and after photographs, and videos, throughout the world in any media now existing or in the future created without further compensation. 

Use of Your Content to Promote the Website

As we explain above, we may use your reviews and related photographs, videos, stories, and comments to promote the Website and Services, including our programs. Aside from these materials, we will not use your Content in advertising without first obtaining your permission. 

Our Intellectual Property 

Our name, logo, Product names, the Website domain, and all content and other materials available through the Website other than your Content (collectively, the “Company IP”) are trademarks, copyrights, and intellectual property that are owned by Company and our Third Party licensors and suppliers. Nothing in these Terms grants you any right, title, license, or interest in the Company IP. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of, the Company IP.

Reporting Infringement

We respect the intellectual property rights of others. If you believe your intellectual property has been used on the Website without permission, please contact us at support@gravitychallenges.com.

We follow the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA”). If you believe Content on the Website violates your copyright, please immediately notify Company by emailing a DMCA takedown notice (“Infringement Notice”) to us. Your Infringement Notice should include all the information described below:

  • Identification of your copyrighted work.
  • A description of the Content you believe infringes your copyright (the “Infringing Content”). Your description should include enough information about the nature and location of the Infringing Content to allow us to locate it on the Website.
  • Your name, address, telephone number, and email address.
  • The name, address, telephone number, email address, or other information (for example, username) of the user who posted the Infringing Content.
  • A written statement by you that:
    • you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by the copyright owner or by law; and
    • you declare, under penalty of perjury, that all the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
  • Your signature, whether electronic or physical, as the copyright owner or a person authorized to act on behalf of the copyright owner

You should send your Infringement Notice to support@gravitychallenges.com with the subject line “DMCA Infringement Notice: [Insert your name]”.  We will respond to all compliant Infringement Notices by taking any action required under the DMCA.

Please note that the DMCA requires that your Infringement Notice be submitted in good faith. This means you are required to evaluate whether the use of your Content on the Website is a “fair use,” as fair uses are allowed under the law.  If you are not sure if the Infringing Content infringes your copyright, you should consult with an attorney.  If you submit an Infringement Notice in bad faith, the user who posted the Infringing Content could have legal claims against you. Infringement Notices are not anonymous. If we act in response to your Infringement Notice, we will pass on your Infringement Notice to that user to afford them an opportunity to respond.  

PROHIBITED CONDUCT

We impose certain restrictions on your use of the Website. You are prohibited from doing any of the following: 

  • providing false, misleading, or inaccurate information to Company or any other person in connection with your Account or the Website; 
  • impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; 
  • accessing the Account of any other user;
  • modifying or changing the placement and location of any advertisement posted through the Website; 
  • harvesting or collecting information about users, including email addresses and phone numbers;
  • using any engine, software, tool, agent, or other device or mechanism (such as browsers, spiders, robots, avatars, AI, or intelligent agents) to harvest or collect information from the Website for any use, including any use on another website, app, or media; 
  • accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; 
  • attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures; 
  • interfering with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware, exploiting vulnerabilities, or through a DDoS attack; 
  • forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); 
  • while using the Website, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising; 
  • attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Website, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions or clicks generated by specific Content and/or the Website; or
  • creating additional Accounts to promote yourself, your business, or a Third Party (or another’s) business, or causing others to do so.

DISCLAIMERS AND LIMITATIONS

No Warranties.

A warranty is a promise made by a business to a consumer about the business’s Services or services. The law assumes a business has made certain warranties unless it disclaims them. When a business “disclaims” a warranty, it is the equivalent of saying “we are not making this promise to you.” Certain disclaimers are provided above and throughout the Website. 

UNLESS WE EXPRESSLY WARRANT SOMETHING IN THIS AGREEMENT, WE DISCLAIM ANY AND ALL WARRANTIES TO YOU, INCLUDING EACH OF THE FOLLOWING WARRANTIES: ALL WARRANTIES ARISING BY OPERATION OF LAW OR OTHERWISE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES. 

WE DO NOT WARRANT THAT THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE DO NOT WARRANT THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL FUNCTION ERROR-FREE. 

If you purchase a Product from us, it may come with its own warranty and disclaimers. In such event, the Product warranty and disclaimers will apply to your use of the Product. If the Product does not have its own warranty and disclaimer, then the warranties and disclaimers in these Terms shall apply to your use of the Product.

Limitation of Liability.

This section limits the types of claims you can bring against us. These limitations help us reduce the risks associated with providing the Website and Services—in fact, we could not provide them otherwise. 

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST CONTENT OR OTHER DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY, INCLUDING GOOD FAITH OR REASONABLE CARE. THESE LIMITATIONS APPLY REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES. 

THIRD PARTIES

What are third parties?

Third parties are any person or business other than you or us—in other words, someone who is not a party to these Terms. Here are a few examples of third parties:

  • Our vendors. These third parties help us to run the Website. To do so, they may place cookies on your device or have access to your personal information. We address the exchange of information with our third-party vendors in our Privacy Policy.  
  • Other users of the Website. While other users may have agreed to the terms of the Website, they are not party to these Terms between you and us. Accordingly, when other users post Content to the Website, it is third-party Content—meaning neither you nor we are responsible for it. 
  • Other websites or apps. The Website may contain links to other websites and apps that are operated by third parties. We may have relationships with some of these third parties, while with others, we do not. 

Third-Party Content

Third-party Content includes any posts, uploads, messages, opinions, advice, statements, or other information posted to the Website by a third party. Third parties are solely responsible for their own Content. We do not review all third-party Content and do not guarantee that it is accurate, complete, or useful. We are not responsible for your reliance on third-party Content. 

Third-Party Websites

The Website may contain links to third-party websites or apps. Some of these third parties may have a business relationship with us while others do not. We do not have control over the content or performance of a third-party website. Except where we’ve expressly indicated an affiliate relationship or other endorsement, we don’t represent or endorse third-party websites.

OTHER TERMS AND POLICIES

We take your privacy very seriously. Our Privacy Policy (the “Privacy Policy”) is a part of these Terms and is incorporated by reference. The Privacy Policy contains details about how information is collected from you through the Website, how it is used and shared with our service providers, and what your rights are with respect to such information. 

MISCELLANEOUS PROVISIONS

Minimum Age & Fitness

You represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if different than 18) and physically eligible to participate in your program.

Corporate Use 

If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act on behalf of that company, including by agreeing to binding contracts.

Electronic Notice

You consent to receive notices, disclosures, and other communications electronically at the email address linked with your Account. You agree that these electronic notices satisfy any legal requirements that such communications be in writing. 

Survival

The provisions of these Terms which, by their nature, should survive termination shall survive such termination, including the sections entitled ARBITRATION, INTELLECTUAL PROPERTY, DISCLAIMERS AND LIMITATIONS, and MISCELLANEOUS PROVISIONS.

Severability

If any provision of these Terms is declared invalid, void, or unenforceable, then that provision is severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. 

No Waiver 

A waiver by either you or Company of any term or condition of these Terms, or any breach, in any one instance, will not waive that term or condition or any later breach.

No Agency

Nothing in these Terms or the Services creates any agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.

CHANGES

Internet technology and the applicable laws, rules, and regulations change frequently. We may need to make changes to these Terms and the Privacy Policy from time to time, including to keep up with changes in the law. If we make a material change, we will notify you in advance so you can decide whether you want to continue using the Website after the change takes effect. Your continued use of the Website after the change constitutes your consent to the updated Agreement or Privacy Policy. It is up to you to keep the email address associated with your Account up to date so that you don’t miss any such notifications.