CONSULTA GRATUITA

Lhealthfitconsultant operated by Luis Miguel Hernandez
 

Last Updated: 7 November of 2023
 

PLEASE CAREFULLY REVIEW THESE TERMS BEFORE YOU ACCESS OR USE THE SERVICES.
 

Effective: 1 November of 2023


These Terms of Service establish a legally binding agreement between you and Luis Miguel Hernandez, operating under the brand name Lhealthfitconsultant, governing the use of my online personal training services, primarily facilitated through the Everfit platform (the "Platform"), but not limited. By clicking on the "I AGREE" button, registering for an account, downloading the Everfit app, or accessing and using the Lhealthfitconsultant services, you are indicating that you have read, understood, and agreed to be bound by these Terms of Service. If you do not agree to these terms, you do not have the right to access or use any of the Lhealthfitconsultant services.
 

These Terms are effective from the date you first click "I AGREE" or use the Platform, whichever is earlier. If you accept these Terms of Service on behalf of an employer or another legal entity, you represent and warrant that you have the authority to bind that entity to these terms and agree to them on its behalf. In this case, "you" and "your" refer to the represented party. Any personal data you provide to Lhealthfitconsultant services is governed by my Privacy Policy, available at [Privacy Policy. By using the Platform, you acknowledge that you have reviewed the Privacy Policy. The Privacy Policy is incorporated into these Terms of Service, collectively forming this "Agreement.

Key Definitions
 

The Services
 

Our Services serve as a platform designed to facilitate LHealthfitconsultant users in accessing, organizing, and scheduling fitness and wellness workout programs. Unless a separate written agreement has been established between you and LHealthfitconsultant, our Services are exclusively intended for your personal, non-commercial use. It is important to note that LHealthfitconsultant does not provide personalized dietary advice. Instead, our scope is limited to sharing publicly available information related to various aspects of healthy eating, food choices, dietary guidelines, and nutrition tips. When it comes to recipes, cooking tips, and general suggestions for maintaining a healthy diet, these are offered as general guidance rather than personalized dietary plans.
 

It's essential to comprehend and accept that LHealthfitconsultant lacks control over the behavior and actions of third-party service providers, trainees, and other users of our Site, Platform, and Services, including training sessions. In this regard, we disclaim all liability to the maximum extent permitted by law. You willingly engage with third-party service providers at your own risk.
 

THE SERVICES PROVIDED BY LHEALTHFITCONSULTANT OFFER GENERAL WELLNESS AND FITNESS GUIDANCE. HOWEVER, IT IS IMPORTANT TO NOTE THAT THE INFORMATION PROVIDED IS OF A GENERAL NATURE AND MAY NOT BE TAILORED TO THE SPECIFIC NEEDS OR CONDITIONS OF INDIVIDUAL USERS. FOR PERSONALIZED DIETARY RECOMMENDATIONS OR ADVICE THAT ADDRESSES SPECIFIC HEALTH CONCERNS, WE STRONGLY ADVISE USERS TO CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL OR REGISTERED DIETITIAN. OUR SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR DIETARY ADVICE, DIAGNOSIS, OR TREATMENT, AND WE DO NOT PROVIDE PERSONALIZED HEALTHCARE RECOMMENDATIONS.
 

Third-Party Services and Content
 

Our Services may be offered or accessed in conjunction with third-party services and content, including advertisements, which are beyond the control of LHealthfitconsultant. You acknowledge that the utilization of such third-party services and content may be subject to distinct terms of use and privacy policies. LHealthfitconsultant does not endorse or support these third-party services and content. Under no circumstances shall LHealthfitconsultant bear responsibility or liability for any products or services provided by such third-party providers.
 

Furthermore, if you access our Services using applications developed for mobile devices powered by Apple iOS, Android, Microsoft Windows, or Blackberry, you acknowledge that Apple Inc., Google, Inc., Microsoft Corporation, or BlackBerry Limited, along with their relevant international subsidiaries and affiliates, shall be considered third-party beneficiaries to this agreement. It is important to note that these third-party beneficiaries are not considered parties to this agreement, and they do not assume responsibility for providing or supporting our Services in any manner. Your access to the Services through these devices is contingent upon complying with the terms specified in the applicable third-party beneficiary's terms of service.
 

USERS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH THIRD-PARTY SERVICES AND CONTENT THAT MAY BE LINKED TO OR ACCESSED THROUGH OUR SERVICES. WHEN UTILIZING SUCH SERVICES OR ENGAGING WITH THIRD-PARTY CONTENT, USERS SHOULD REVIEW AND ADHERE TO THE TERMS OF SERVICE AND PRIVACY POLICIES OF THOSE THIRD-PARTY PROVIDERS. LHEALTHFITCONSULTANT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE ACTIONS, CONTENT, OR PRIVACY PRACTICES OF THESE THIRD-PARTY SERVICES, AND USERS SHOULD EXERCISE CAUTION AND DISCRETION WHEN ENGAGING WITH THEM.
 

Lhealthfitconsultant provides online personal training services through the Everfit app but not limited, facilitating connections between Clients and the Trainer, who in this context, is Luis Miguel Hernandez. "Clients" are individuals who sign up for fitness and wellness services, coaching check-ins, and other related services provided by Luis Miguel Hernandez, and they are collectively referred to as "Users." This platform aims to serve as a bridge between Clients and the Trainer.
 

To use the Lhealthfitconsultant services, you must create an account. During the registration process, you must provide accurate information, including your name, address, phone number, and email address. You are responsible for maintaining the confidentiality of your account and ensuring that your information is accurate and up to date. You are the sole authorized user of your account, and you are responsible for all activities conducted under your account, even if not authorized by you. If you suspect unauthorized use of your account or a security breach, you must contact me immediately.
 

The person signing up for the Lhealthfitconsultant services will be the contracting party ("Account Owner") for these terms of service. As the Account Owner, you are responsible for compliance with these terms, and the benefits of the account are exclusively yours. Your account is non-transferable. If you believe your password or account has been compromised, you must inform me promptly.
 

By providing your mobile phone number and using the Lhealthfitconsultant services, you consent to receive calls and recurring texts, including automated messages, for various purposes, including service notifications and connecting you to your Trainer.

You may opt-out of these messages at any time.
 

Account Owner's Responsibilities and Security Measures:
 

The Account Owner, as the individual responsible for the Lhealthfitconsultant, or Everfit account, is obliged to take the following security measures to safeguard their account:
 

• Choose a strong, unique password and refrain from sharing it with others.
• Keep their login credentials confidential and take care to prevent unauthorized access to their account.
• Regularly update their account password to enhance security.
• Review account activity for any unauthorized or suspicious use and promptly report such activities to us.
• Secure their mobile device if using the Everfit app and take measures to prevent unauthorized access.
   

In the event of unauthorized use or a forgotten password, the Account Owner may initiate the account recovery process by following the provided instructions, which may include identity verification steps. Once the recovery process is successfully completed, access to the account will be restored.
 

Mobile Phone Use:
 

Types of Messages:
 

Users may receive the following types of messages through our Services:
 

We are committed to ensuring that users have control over the types of messages they receive. If you wish to opt out of receiving promotional messages, please follow the provided instructions in the messages or contact us at healthfitconsultant@gmail.com to update your communication preferences.
 

Clients will make payments directly to Lhealthfitconsultant for the services as detailed in their individual plans. Please note that the prices listed on the Platform do not encompass applicable taxes. Taxes will be assessed based on the billing address, specifically in Ontario, Canada, and the currency for tax calculation will be in CAD (Canadian Dollars).
 

You understand that the use of the Services may result in charges to you for the services or goods you receive from LHealthfitconsultant. Charges paid by you are final and non-refundable, unless otherwise determined by LHealthfitconsultant.
 

All Charges are either due immediately or on a recurring subscription payment plan, and payment will be facilitated by LHealthfitconsultant using the preferred payment method. After the payment is made, LHealthfitconsultant will send you a receipt by email. If you choose to be billed through a recurring subscription payment plan, LHealthfitconsultant may establish a payment plan that charges your preferred payment method on a regular schedule for an ongoing period.

You authorize LHealthfitconsultant to charge you for the designated amount during this ongoing period. All payments must be made through the LHealthfitconsultant Platform, and cash payments are strictly prohibited.
 

If your primary Account payment method is determined to be expired, invalid, or otherwise unable to be charged, you agree that LHealthfitconsultant may use a secondary payment method from your Account, if available. Payment shall only be made through the LHealthfitconsultant Platform. If you are billed through a recurring subscription payment plan and both your primary and secondary payment methods are invalid, canceled, or otherwise unable to be billed for seven or more days, your Account and training services privileges will be suspended. They will be reactivated upon receipt of all outstanding payments. It is your responsibility to keep your payment details up to date.
 

If you provide a credit card, debit card, bank account, or other pre-authorized payment method to LHealthfitconsultant for your recurring subscription payment plan, you authorize LHealthfitconsultant to charge your payment method for all outstanding fees, sales taxes, account balances due under this Contract, including any Cancellation Fees. This constitutes LHealthfitconsultant's good and sufficient authority to do so. You confirm that the payment method is in your name, valid, and has not expired. You must promptly update LHealthfitconsultant if your payment method information changes.

LHealthfitconsultant will make reasonable efforts to inform you of Charges that may apply, but you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. LHealthfitconsultant may occasionally offer promotional offers and discounts to certain users, resulting in different amounts charged for the same or similar services or goods obtained through the use of the Services. You agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
 

Purchases of services through LHealthfitconsultant will remain valid for 365 days from the date of purchase. Please be aware that no credits, refunds, or offsets will be issued for any purchased but unused training services if the purchase was made more than 365 days ago.
 

Users are responsible for ensuring timely payment for the services provided by LHealthfitconsultant. In the event of late or outstanding payments, the following penalties and charges may apply:
 

Late Fees: A late fee may be assessed for payments not received by the due date. The amount of the late fee may vary based on the specific payment terms and conditions in effect at the time.
 

Interest Charges: Users may be subject to interest charges on outstanding balances. The rate of interest will be determined in accordance with applicable laws and the payment terms specified in the service agreements.
 

It is the responsibility of users to review the payment terms and due dates associated with their accounts. Failure to make timely payments may result in the application of late fees and interest charges. Users are encouraged to contact us at healthfitconsultant@gmail.com for any questions or concerns regarding billing and payment.
 

BEFORE MAKING ANY PURCHASES, WE STRONGLY ADVISE USERS TO CAREFULLY REVIEW AND THOROUGHLY UNDERSTAND OUR CANCELLATION, REFUND, AND POSTPONE POLICIES OUTLINED IN THIS SECTION. THESE POLICIES ARE ESSENTIAL FOR UNDERSTANDING THE TERMS AND CONDITIONS ASSOCIATED WITH SERVICE CANCELLATIONS, REFUNDS, AND REQUESTS FOR POSTPONEMENT. BY MAKING A PURCHASE, USERS ACKNOWLEDGE AND AGREE TO ABIDE BY THESE POLICIES, AND IT IS THEIR RESPONSIBILITY TO BE AWARE OF THE GUIDELINES AND REQUIREMENTS. IF YOU HAVE ANY QUESTIONS OR REQUIRE CLARIFICATION ON ANY ASPECT OF THESE POLICIES, PLEASE DO NOT HESITATE TO CONTACT US AT HEALTHFITCONSULTANT@GMAIL.COM PRIOR TO MAKING A PURCHASE.
 

1. Program Conclusion and Auto-Renewal: None of the plans are set to auto-renewal. We provide one-on-one guidance, and the program will automatically conclude after the tracking period unless you decide to continue.
 

2. Pause and Resume Flexibility: The 12-week plan involves a single payment, and while We understand that unforeseen challenges or injuries can arise, you have the flexibility to pause and resume the program as needed during the entire 12-week period, or for up to one year after the purchase date.
 

3. 45-Day Program Grace Period: The 45-day programs are designed to be fast-paced and intensive. While these programs are typically not eligible for cancellations or pauses, we do provide a grace period during the first week when such requests can be accommodated.
 

4. Cancellation Policy for 12-Week Plans: Regarding the 12-week plans, please be aware that cancellation requests will not be accepted after the initial 3 weeks from the date of plan delivery.
 

For any cancellation, refund, or program postponement requests, please contact our customer support at healthfitconsultant@gmail.com. We will do our best to assist you within the framework of this policy and ensure a smooth and satisfactory experience with our fitness and wellness programs.
 

"User Generated Content" refers to any content, information, or materials, whether in text, audio, or visual format, that you provide, submit, upload, publish, or otherwise share through the LHealthfitconsultant platform, both for your benefit and the benefit of other Users. This includes images and information related to the services you offer. You bear sole responsibility for the User Generated Content, while our role is primarily that of a conduit for your online distribution and publication of this content. As part of this, you acknowledge and agree to the following:
 

• We do not participate in the creation or development of User Generated Content.
• We disclaim any responsibility for such content.
• We cannot be held liable for claims arising from or associated with User Generated Content.
• We are not obligated to monitor, review, or remove User Generated Content. However, we retain the right to limit or remove such content from the LHealthfitconsultant platform at our sole discretion.
   

By providing User Generated Content on the LHealthfitconsultant platform, you warrant and represent that:
 

• Your content is not false, inaccurate, incomplete, or misleading.
• It does not infringe on any third party's copyright, patent, trademark, trade secret, or other proprietary rights, including rights of publicity, personality, or privacy.
• Your content complies with all applicable laws, statutes, ordinances, and regulations, including those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam, or privacy.
• It is not defamatory, libelous, unlawfully threatening, or harassing in any way.
• It does not contain obscene or pornographic material, including child pornography, and is not harmful to minors.
• Your content is free from viruses, Trojan Horses, worms, time bombs, cancelbots, or other malicious computer programming routines designed to harm, interfere with, intercept, or expropriate any system, data, or personal information.
• Your content does not falsely represent your affiliation with LHealthfitconsultant, including employment or engagement with us or acting as our representative or agent.
• It does not create any liability for LHealthfitconsultant or cause us to lose the services of our internet service providers (ISPs) or other suppliers.
   

By making User Generated Content available through the LHealthfitconsultant platform, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such User Generated Content on, though, or by means of the LHealthfitconsultant platform. This agreement does not imply any ownership rights over your content, and it does not limit your rights to use and exploit your User Generated Content.
 

Reporting Inappropriate or Violating Content:
 

We value the well-being and safety of our community and aim to maintain a positive and respectful environment for all users. If you come across user-generated content that you believe is inappropriate, offensive, or violates our community guidelines or terms of service, we encourage you to report it. Your assistance in reporting such content is vital for ensuring a safe and enjoyable experience for all users.
 

To report inappropriate or violating content, please follow these steps:
 

• Flag the Content: Most of our platforms provide a flagging or reporting feature. Locate the content you wish to report and use the provided reporting option to initiate the process.
• Provide Details: When flagging content, you may be asked to provide additional information or details about why you find the content inappropriate or in violation of our guidelines. Please provide as much information as possible to help us understand the issue.
• Contact Support: If you encounter any difficulties in reporting content or require further assistance, please do not hesitate to reach out to our support team at healthfitconsultant@gmail.com. We will promptly investigate your report and take appropriate action in line with our community guidelines and terms of service.
   

We appreciate your cooperation in upholding our community standards and ensuring a safe and respectful environment for all users. Your reports help us maintain a positive user experience and address any concerns promptly.
 

By using the LHealthfitconsultant platform, you make the following representations and warranties:
 

Age and Legal Capacity: You confirm that you are at least 13 years old or meet the legally required age in your jurisdiction to enter into binding contracts. If you are under 18 years old, you must obtain parental or guardian consent to accept these terms of service.
 

Authority to Agree: You have the right, authority, and capacity to enter into this Agreement and agree to its terms and conditions. If you're entering into this Agreement on behalf of a company or another organization, you confirm that you have the authority to act on their behalf and bind them to this Agreement.
 

Understanding and Compliance: You have read, understood, and agreed to be bound by these Terms of Service and the Privacy Policy. You commit to fulfilling your obligations, including payments and service agreements, professionally and responsibly, and in accordance with applicable laws and regulations.
 

Prohibited Activities: You agree not to engage in prohibited activities, which include but are not limited to:
 

• Unauthorized copying, distribution, or disclosure of the LHealthfitconsultant platform.
• Use of automated systems, except for functionalities allowed by the platform.
• Transmitting spam, phishing attempts, or any unsolicited emails.
• Attempts to compromise the platform's integrity, security, or decipher transmissions.
• Violating international, federal, provincial, or state laws.
• Use for unlawful purposes or solicitation of others for unlawful activities.
• Uploading harmful software or engaging in any malicious activities.
• Infringing on intellectual property rights or impersonating others.
• Harassment, defamation, threats, or any violation of legal rights of Users, Trainers, or staff.
• Interference with the platform's performance, security, or functionality.
• Unauthorized access to Accounts or collection of personal information.
• Use of the platform for purposes infringing on the rights of third parties or encouraging others to do so.
   

Full Disclosure: You warrant that you have disclosed any motivations, statuses, or interests that may be relevant to your use of the LHealthfitconsultant platform, such as for journalistic or investigative purposes. You agree to promptly inform LHealthfitconsultant of any such motivations or interests that may arise during your use of the platform.
 

When you install the LHealthfitconsultant mobile app service (Everfit), you agree to the installation of the app and any updates or upgrades made available through our platform. This may involve the following:
 

• Automatic Communication: The Everfit app (including updates and upgrades) may automatically communicate with our servers to ensure its functionality and record usage data.
• Device Impact: It might affect your app-related preferences or data stored on your device.
• Personal Information: The Everfit app, as outlined in our Privacy Policy, may collect personal information, including location data.
   

You have the freedom to uninstall the Everfit app at any time.
 

We understand the importance of providing you with a seamless and secure user experience through our mobile app. To ensure that you can make the most of our services, we strongly encourage users to keep their mobile devices and the Everfit app up to date with the latest versions.
 

Regularly updating your mobile device and the Everfit app not only enhances the performance and functionality of the app but also contributes to your device's security. New app versions often include improvements, bug fixes, and enhanced features that can enhance your overall experience.
 

Please check for app updates and keep your device's operating system current to enjoy the latest benefits and maintain the security of your data. Your commitment to keeping your technology up to date is appreciated and essential for optimal use of our services.
 

Either party, unless otherwise agreed in writing between you and LHealthfitconsultant, may terminate these terms of service at any time, for any reason, or without specifying a reason. You have the option to cancel your LHealthfitconsultant services and delete the Everfit app Account at any time using the features on the Everfit platform or by sending written or email notice to healthfitconsultant@gmail.com.
 

After cancellation, you will lose access to your LHealthfitconsultant services, profile, and any other information, including the Everfit app platform. Provisions in these terms of service intended to survive termination, such as those regarding disclaimers of warranties, limitations of liability, and indemnification, will continue to apply indefinitely.
 

We reserve the right to deny access to the LHealthfitconsultant services, including the Everfit app platform to anyone for any reason and at any time. LHealthfitconsultant may terminate or restrict your use of the Everfit app platform if We have reason to believe you've violated this Agreement, and we'll notify you in writing or via email. Such termination or restriction takes effect immediately upon notice.
 

Even after termination or restriction, this Agreement remains enforceable. We retain the right to take legal action, including pursuing arbitration as outlined in Section 15 of these Terms of Service.
 

LHealthfitconsultant also reserves the right to modify or discontinue, either temporarily or permanently, any part or the entirety of the platform at our sole discretion. We are not responsible to you for any changes or discontinuation of the platform.
 

We may restrict individuals from registering as Users if We believe they may pose a threat to the safety and integrity of the LHealthfitconsultant platform or for other legitimate business concerns.
 

Upon termination or cancellation of your Account, we may delete all your data, including User Generated Content, as part of our normal procedures. Please be aware that data cannot be recovered once your Account is terminated or canceled.
 

The data retention period may vary based on the type of data and the service usage. While we continue to safeguard your data during this period, we will eventually delete the data in accordance with our data retention policies. Users are encouraged to contact us at healthfitconsultant@gmail.com if they have any questions or require further information regarding data retention and retrieval after termination.
 

The LHealthfitconsultant platform may include links to third-party websites. These links are provided for informational purposes only and do not indicate our endorsement or affiliation with those websites, their content, or their operators.
 

We do not control these third-party websites and We are not responsible for their availability, accuracy, content, advertising, products, or services. You are responsible for assessing the content and usefulness of information from these external websites.

LHealthfitconsultant is not involved in the creation or development of these third-party websites and disclaims any responsibility for them. We are not liable for any claims related to these websites. While We have no obligation to monitor or remove such links, we may limit or remove them at our discretion.
 

Your use of third-party websites is governed by their respective terms and privacy policies. You access them at your own risk, and we disclaim any liability for issues arising from your use of these linked websites. By using our services, you agree to hold LHealthfitconsultant harmless from any liability associated with these links.
 

WE SUGGEST THAT YOU ALWAYS PRIORITIZE YOUR ONLINE SAFETY AND PRIVACY WHEN EXPLORING EXTERNAL LINKS. IF YOU HAVE ANY QUESTIONS OR CONCERNS, PLEASE FEEL FREE TO CONTACT US AT HEALTHFITCONSULTANT@GMAIL.COM.
 

All content on the LHealthfitconsultant web site, social media and profile in the Everfit app platform, including text, graphics, editorial content, data, design elements, trademarks, logos, and other material (referred to as "Proprietary Material"), is owned by LHealthfitconsultant, with the exception of User Generated Content, for which Users grant LHealthfitconsultant a license for use. This Proprietary Material is protected by domestic and international copyright and intellectual property laws.
 

You may not copy, download, use, modify, or transmit any content from LHealthfitconsultant without the prior written consent of LHealthfitconsultant and, where applicable, the rights holder of User Generated Content.
 

Service marks and trademarks, such as "LHealthfitconsultant" and associated logos, are owned by LHealthfitconsultant. Any other trademarks, service marks, logos, or trade names found on the LHealthfitconsultant platforms belong to their respective owners, and you may not use these marks or names without their express written consent.
 

We may invite you to provide feedback, ideas, or comments about our services and platforms. By submitting Feedback, you acknowledge that it is voluntary, unsolicited, and without any restrictions. You agree that LHealthfitconsultant is free to use your Feedback without additional compensation or confidentiality obligations. You also understand that LHealthfitconsultant retains the right to use similar or related Feedback previously known to us, developed by our employees, or obtained from other sources.

Any email or correspondence you submit becomes the property of LHealthfitconsultant.
 

You are granted a limited, non-exclusive, non-transferable license to access and use the Lhealthfitconsultant services and platforms, subject to the terms and conditions of this Agreement. LHealthfitconsultant may terminate this license at any time for any reason. The LHealthfitconsultant platforms and services, including all content and intellectual property (collectively referred to as "LHealthfitconsultant Content"), remains the exclusive property of LHealthfitconsultant or its licensors. You may not sell, license, modify, distribute, publicly display, create derivative works, or use the LHealthfitconsultant Content for any purpose not expressly permitted by this Agreement.
 

Your use of the platforms and the associated licenses are contingent upon your strict compliance with applicable guidelines and any end-user licenses related to the use of the platform. LHealthfitconsultant reserves the right to modify these guidelines at our discretion and may terminate your Account and access to the platforms if you violate them.
 

LHealthfitconsultant values the intellectual property rights of others and expects its Users to do the same. If you believe, in good faith, that any materials available on or through the LHealthfitconsultant platform infringe upon your copyright or other intellectual property rights, please provide the following information to LHealthfitconsultant's Copyright Agent at healthfitconsultant@gmail.com:
 

• A description of the copyrighted work that you believe has been infringed, including the URL or specific location on the LHealthfitconsultant platform where you have identified the infringing material. Please provide enough detail to enable LHealthfitconsultant to locate the material and explain why you believe it constitutes an infringement.
• Information about the location where the original copyrighted work can be found, such as the URL where it is posted or the publication where it is featured.
• Your contact information, including your address, telephone number, and email address.
• A statement confirming that you have a good faith belief that the disputed use is not authorized by the copyright owner, their agent, or applicable law.
• A statement, made under penalty of perjury, affirming the accuracy of the information in your notice and confirming that you are either the copyright owner or authorized to act on their behalf.
• An electronic or physical signature of the copyright owner or their authorized representative.
   

LHealthfitconsultant is committed to respecting the intellectual property rights of others. If you believe that your copyrighted work has been used on our Services in a manner that constitutes copyright infringement, please notify us promptly.
 

Expected Response Time:
 

We aim to respond to copyright complaints within 10 business days from the date of receipt. Our response may include the removal or disabling of access to the allegedly infringing material, in accordance with applicable copyright laws.

IF YOU HAVE A COPYRIGHT COMPLAINT, PLEASE CONTACT OUR DESIGNATED COPYRIGHT AGENT AT THE FOLLOWING ADDRESS: EMAIL: HEALTHFITCONSULTANT@GMAIL.COM
 

You acknowledge that Confidential Information (as defined below) is a valuable and unique asset of LHealthfitconsultant and agree that you will not disclose, transfer, use, or attempt to induce others to disclose, transfer, or use any Confidential Information for any purpose other than utilizing the LHealthfitconsultant platform in accordance with these Terms of Service. If applicable, you may share Confidential Information with your authorized employees and agents, provided that they are also obligated to maintain the confidentiality of this information. You are responsible for promptly notifying LHealthfitconsultant in writing of any circumstances that may involve the unauthorized disclosure, transfer, or use of Confidential Information. You shall make diligent efforts to safeguard Confidential Information from unauthorized disclosure, transfer, or use. Upon the termination of this Agreement for any reason, you shall return all original materials and copies containing Confidential Information to LHealthfitconsultant.
 

The term "Confidential Information" encompasses all trade secrets, confidential and proprietary information, and any other data related to LHealthfitconsultant that is not generally known to the public or third parties who could benefit from its use or disclosure. Confidential Information includes but is not limited to technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, financial data, strategic information, and any other proprietary or confidential information concerning LHealthfitconsultant, its business, operations, or properties. This definition includes information about LHealthfitconsultant's staff, Users, partners, or any other business-related data disclosed directly or indirectly in writing, orally, through drawings, or by observation.
 

Users are expected to treat any confidential information or data shared or accessed through our Services with the utmost care and discretion. Unauthorized disclosure or misuse of confidential information may result in the following consequences:

Legal Action: LHealthfitconsultant reserves the right to take legal action against any individual found to be in breach of their confidentiality obligations, which may lead to legal proceedings and potential liability for damages.
 

Account Suspension: In cases where a breach of confidentiality occurs, LHealthfitconsultant may suspend or terminate the user's account, with or without notice, to prevent further unauthorized disclosures and protect the privacy and security of other users.

Users are strongly urged to respect the confidentiality of information shared through our Services, as any breach of this trust may lead to significant consequences, including legal action and account suspension.
 

LHealthfitconsultant, operated under the legal name Luis Miguel Hernandez, offers its platforms and services on an "as is" basis without any warranties or conditions, whether express or implied. This includes, but is not limited to, warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. LHealthfitconsultant does not guarantee the accuracy or completeness of the content provided through its platform or linked websites. Moreover, LHealthfitconsultant assumes no contractual, warranty, or tort liability for:
 

• Errors, mistakes, or inaccuracies in the content.
• Personal injury or property damage resulting from accessing and using the LHealthfitconsultant platform.
• Access to or use of secure servers, personal information, or financial data.
• Events beyond LHealthfitconsultant's reasonable control.
   

LHealthfitconsultant does not warrant, endorse, guarantee, or assume responsibility for any products or services advertised on its platforms.
 

Under no circumstances will LHealthfitconsultant, its affiliates, or their corporate partners be liable for any direct, indirect, incidental, consequential, economic, special, or exemplary damages. This includes but is not limited to lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, failure to store information, or any costs associated with substitute products or services, arising from the use or inability to use the LHealthfitconsultant platform. It's important to note that some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not fully apply.
 

Limitation of Liability
 

LHealthfitconsultant, along with its affiliates, shareholders, employees, independent contractors, officers, or directors, shall not be held accountable for indirect, incidental, special, exemplary, punitive, or consequential damages. These damages encompass lost profits, lost data, personal injury, or property damage related to, connected with, or resulting from the use of the services. Even if LHealthfitconsultant has been informed of the possibility of such damages, it will not be responsible for any damages, liability, or losses resulting from:
 

• Your utilization of or reliance on the services or your inability to access or use the services.
• Any transaction or relationship between you and any third-party provider.
   

LHealthfitconsultant shall not be liable for any delays or failures in performance resulting from circumstances beyond its reasonable control. In no case shall LHealthfitconsultant's total liability regarding the services, encompassing all damages, losses, and causes of action, exceed one hundred Canadian dollars ($100 CAD).
 

By using the services, you acknowledge that LHealthfitconsultant, under the legal name Luis Miguel Hernandez, is not responsible for your safety, comfort, or the success of your training arrangements, or for any other liability associated with your use of the LHealthfitconsultant Platform. LHealthfitconsultant, at its sole discretion, may take steps to verify my background, training history, and certifications related to training services. However, LHealthfitconsultant makes no express or implied representation or warranty regarding the extent or accuracy of these verifications. It does not guarantee the safety of training sessions, the reliability of my services as a personal trainer, or any other aspect. LHealthfitconsultant explicitly disclaims any warranties concerning the quality and safety of services.
 

You, as the user, bear the responsibility for decisions related to accepting services. You must exercise reasonable caution in all interactions and actions taken through the LHealthfitconsultant Platform and Services. LHealthfitconsultant encourages users to use the Services carefully and make judgments accordingly. Users use the Services at their own risk.
 

LHealthfitconsultant, operating under the legal name Luis Miguel Hernandez, assumes no responsibility for any damages, including personal injury, loss of property, loss of time or wages, or similar issues that may arise from training sessions facilitated through the Services or disputes between you and other users. Your use of the Services implies your sole assumption of the associated risks.
 

The disclaimers, exclusions, and limitations stated in this Agreement are applied to the fullest extent allowed by law. You may have other statutory rights; however, if applicable, the duration of such legally required warranties is limited to the maximum extent permitted by law.
 

Both you and LHealthfitconsultant recognize and accept that the disclaimers, exclusions, and limitations outlined in this Agreement are fundamental components of this agreement. They are a reasonable way to allocate risks. It's important to understand that LHealthfitconsultant would not be able to offer its services without these terms, and you agree that this Agreement remains in effect and applicable even if any restricted remedy mentioned in this Agreement is determined to have not fulfilled its fundamental purpose.
 

While we make every effort to provide accurate and up-to-date information, errors or inaccuracies may occasionally occur in the content provided through our Services. We appreciate the vigilance of our users in helping us maintain the quality of our content.

If you come across any errors or inaccuracies in the content, we encourage you to report them to us for review and correction. To report such issues, please contact our support team at the following email address: Email: healthfitconsultant@gmail.com

Your feedback is valuable in helping us improve the accuracy and quality of our content. We appreciate your assistance in ensuring the reliability of the information provided through our Services.
 

You hereby agree to indemnify, defend, and hold harmless LHealthfitconsultant and its officers, directors, employees, agents, attorneys, insurers, successors, and assigns (the "Indemnified Parties") from and against any and all liabilities incurred in connection with:
 

• Your use of the LHealthfitconsultant platforms or your performance of services.
• Your breach or violation of this Agreement.
• Your violation of any applicable law or the rights of any User or third party.
• Any content submitted by you or using your Account to the LHealthfitconsultant platforms, including but not limited to content that may infringe on the intellectual property rights of a third party or otherwise be illegal.

You also agree to indemnify the Indemnified Parties for any liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other actions that unreasonably burden our infrastructure. LHealthfitconsultant reserves the right, at its sole discretion, to assume the exclusive defense and control of any matter subject to your indemnification at its own expense. You will not settle any claim or matter without the prior written consent of LHealthfitconsultant.
 

Explanation: Indemnification means that users agree to cover our company's legal and financial responsibilities if certain situations arise. In simpler terms, it implies that users will assist us in addressing legal and financial matters should the need arise.
 

How to Provide Indemnification:

If you are required to provide indemnification or assistance under the terms of our agreement, please contact us at the following email address: Email: healthfitconsultant@gmail.com
 

We appreciate your cooperation in helping us address any legal or financial responsibilities that may arise in accordance with our agreements.
 

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND LHealthfitconsultant CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND LHealthfitconsultant TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
 

You agree that, in the event any dispute or claim arises out of or relates to your use of the LHealthfitconsultant platform, you will contact us at healthfitconsultant@gmail.com, and you and LHealthfitconsultant will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a "Dispute" as defined below. Except for the right to seek injunctive or other equitable relief described under the "Binding Arbitration" section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise.
 

Binding Arbitration: You and LHealthfitconsultant agree that any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the LHealthfitconsultant platform (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and LHealthfitconsultant both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against LHealthfitconsultant in a "small claims" court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.
 

Class Action Waiver: You and LHealthfitconsultant agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and LHealthfitconsultant both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding.

Importance of Amicable Resolution:
 

We value our users and their satisfaction with our services. We strongly encourage all parties involved in a dispute to consider amicable resolutions through negotiation or mediation as the first step. We believe that many disagreements can be effectively resolved in a cooperative and mutually beneficial manner.
 

However, if negotiations or mediation do not lead to a satisfactory resolution, we provide the option of arbitration as a means to address disputes. Below, you'll find information on how to initiate an arbitration process and obtain further details about the arbitration procedure.
 

Initiating Arbitration:
 

If you wish to initiate an arbitration process, please contact us at the following email address: Email: healthfitconsultant@gmail.com
 

This Agreement is subject to the laws of the Province of Ontario and the federal laws of Canada applicable therein. By utilizing the services of LHealthfitconsultant, you agree to submit exclusively to the jurisdiction of the courts of Ontario, except for any actions in which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as described in the Arbitration provision below. If you access the Service from outside of Canada, you are responsible for complying with the laws and regulations of your territory, but you acknowledge that the laws of the Province of Ontario and Canada will apply to your relationship with LHealthfitconsultant.
 

LHealthfitconsultant assumes no responsibility for the actions or conduct of Users or Third-Party Service Providers.

LHealthfitconsultant has no obligation to intervene or become involved in disputes that may arise between Third-Party Service Providers, Users, or third parties. The responsibility for decisions related to providing or accepting fitness services rests solely with you.
 

In the event of any dispute with LHealthfitconsultant, you agree to initially contact us via email at LHealthfitconsultant's Customer Service email at healthfitconsultant@gmail.com and make an effort to resolve the dispute informally. If the matter remains unresolved, any disputes or claims connected with this Agreement, including its negotiation, breach, existence, validity, or termination, shall be submitted to and conclusively resolved through arbitration, with no option for appeal, before a single arbitrator in Toronto, in accordance with the provisions of the Arbitration Act (Ontario). It is explicitly noted that the application of Article 34 is excluded. Liability for costs shall be determined during the arbitration process. The award issued by the arbitrator will encompass arbitration expenses, reasonable legal fees, reasonable expert and witness costs, and the judgment on the award rendered by the arbitrator can be entered in any court with competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts when necessary to prevent actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be pursued in the capacity of the individual parties and not as a plaintiff or class user in any purported class or representative proceeding. Unless agreed upon differently, the arbitrator may not consolidate claims of more than one person. By entering into this Agreement, you and LHealthfitconsultant each agree to waive the right to a trial by jury or participation in a class action.
 

The Arbitration Act (Ontario):
 

The Arbitration Act (Ontario) is a legal framework that governs the arbitration process in the province of Ontario, Canada. It plays a significant role in the context of dispute resolution, offering a streamlined and cost-effective alternative to traditional litigation in Ontario. Arbitration, as governed by the Arbitration Act (Ontario), allows parties to resolve disputes in a private and efficient manner, with the assistance of an impartial arbitrator, while maintaining the legal and procedural safeguards necessary for a fair and equitable process.
 

Waiver of Right to Trial by Jury and Class Actions:
 

By entering into this Agreement, users expressly waive their right to a trial by jury and their participation in class actions. This waiver signifies that any disputes or legal proceedings will be resolved through arbitration, as provided for under the Arbitration Act (Ontario), rather than in a court of law.
 

We emphasize that this waiver is an integral part of our agreement and is made explicit to ensure users understand the method of dispute resolution and their choice to forego traditional courtroom proceedings. Arbitration provides an efficient and cost-effective means of resolving disputes, and we encourage users to carefully consider this approach when entering into our Agreement.
 

This Agreement does not create any agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship.
 

Failure by LHealthfitconsultant to enforce any provision(s) of this Agreement will not be considered a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and LHealthfitconsultant regarding its subject matter, supersedes and governs all prior agreements or communications.
 

The provisions of this Agreement are intended to be interpreted in a manner that makes them valid, legal, and enforceable. If any provision is found to be partially or wholly invalid, illegal, or unenforceable, it shall be modified or restructured to the extent necessary to render it valid, legal, and enforceable, or, if such modification or restructuring is not possible, it shall be removed without affecting the validity, legality, or enforceability of the remaining provisions.
 

This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including to a parent or subsidiary, an acquirer of assets, or any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will benefit LHealthfitconsultant, its successors, and assigns.
 

LHealthfitconsultant reserves the right to change, modify, add, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement and review, improve, modify, or discontinue the LHealthfitconsultant platform or any content or information at any time, with or without notice. We will attempt to notify you of material changes by email but will not be liable for any failure to do so. Your continued use of the LHealthfitconsultant platform following any revision constitutes your acceptance of such changes. LHealthfitconsultant may also impose limits on certain features or restrict your access to part or all of the platform without notice.
 

None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.
 

You consent to receive any agreements, notices, disclosures, and other communications electronically, including by email or posting on the LHealthfitconsultant platform. All notices under this Agreement will be in writing and will be deemed to have been duly given when received.
 

If you have questions about these Terms of Service or the LHealthfitconsultant platform, please contact us via email at healthfitconsultant@gmail.com.