Terms & Conditions
Thank you for visiting our website. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.
MINORS. We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.
PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS. Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our privacy policy on this website.
ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS. Our anti-Spam policy is part of, and subject to, these terms and conditions of use. You may view our anti-Spam policy on this website.
MODIFICATIONS AND TERMINATIONS. These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website. We may terminate these terms and conditions of use for any reason and at any time without notice to you. If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to gerilynburnett [at] gmail.com, and providing us with information relating to your concern.
LICENSEE STATUS. You understand and agree that your use of our website is limited and non-exclusive as a revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
CONTENT OWNERSHIP. All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail from our contact page. If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail at our contact page, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
DISCLAIMERS AND LIMITATIONS OF LIABILITY. The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected. Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information. If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site. Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
OBSCENE AND OFFENSIVE CONTENT. We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail from our contact page so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
INDEMNIFICATION. You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.
COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION. You agree to obey all applicable laws while using our website. You agree that the laws of TN govern these terms and conditions of use without regard to conflicts of laws provisions. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Knox County, TN, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
SEVERABILITY OF THESE TERMS AND CONDITIONS. If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
HOW TO CONTACT US. Any questions or concerns about these terms and conditions of use should be brought to our attention via our contact page, and providing us with information relating to your concern. You may also mail your concerns to us at the following address: The Joy of Lifting LLC, 9255 Kingston Pike PMB #1028, Knoxville, TN 37922
ENTIRE AGREEMENT. These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website. These terms and conditions were last updated on 01/14/2021.
PRICING. Total Price of 1-on-1 Personal Training is $2500/12 months, $1250/6-months, or $250/month until canceled. Total Price of #StrongForLife strength & conditioning template is $1250/12 months or $125/month until canceled. Total Price of #CapsuleKitchenMasterclass is $100 as a one time payment. Prices last updated January 2021 and are subject to change.
RETURN POLICY. Because The Joy of Lifting LLC is a service-based business, there are no refunds for services provided. Holds may be placed on one-on-one personal training services in cases of surgeries that prevent the client from participating. A hold will be placed until client can begin training again at which point the 6 or 12-month contract will continue until completed. All other products are sold as-is and may be cancelled at any time.
FREE GUIDES. Users are required to provide an email address to receive the free PDF guide(s). PDF guide(s) will be delivered via email to the user immediately following sign up.
YOUR CONTENT AND CONDUCT. As a member you may submit content to the site, including photos and user comments. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on gerilynburnett.com, thejoyoflifting.com, and capsulekitchen.co. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit. You agree that content you submit to gerilynburnett.com will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant gerilynburnett.com, thejoyoflifting.com, and capsulekitchen.co all of the license rights granted herein. gerilynburnett.com does not endorse any content submitted to gerilynburnett.com, thejoyoflifting.com, and capsulekitchen.co by any user or other licensor. gerilynburnett.com, thejoyoflifting.com, and capsulekitchen.co does not permit copyright infringing activities and infringement of intellectual property rights on the website, and gerilynburnett.com, thejoyoflifting.com, and capsulekitchen.co will remove all content if properly notified that such content infringes on another’s intellectual property rights. gerilynburnett.com, thejoyoflifting.com, and capsulekitchen.co reserves the right to remove content without prior notice.
ABILITY TO ACCEPT TERMS AND CONDITIONS. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.