TERMS AND CONDITIONS
Welcome to the Method website (“Site(s)”), which is owned and operated by Jo Stretch, LLC, located at 1010 C Ave, Coronado, CA 92118, USA. These Terms concern all products and services of The Method by Jo Stretch and Jo Stretch.
PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND JO STRETCH, LLC AND GOVERNS YOUR ACCESS TO AND USE OF THIS WEBSITE AND THE PRODUCTS, SERVICES, MATERIALS, COURSES, AND ASSESSMENT (REFERRED TO HEREIN AS “PRODUCTS AND/OR SERVICES”) OFFERED ON THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE OR BY ORDERING THE PRODUCTS AND SERVICES OFFERED HERE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. Scope. Your purchase, enrollment in, and use of products, services, and subscriptions (“Program(s)”) offered by Jo Stretch, LLC. (“Jo Stretch”) and its website www.themethodjostretch.com, including your access to the online programs and Modules: The Method by Jo Stretch, Lower Back/Sciatica, Shoulders and Neck, Runners, Tennis, Golfers, Seniors, Kids, Pregnant, and Desk Stretches, are subject to these terms and conditions (“Terms”). If you purchase or enroll in a Program for use by another, these Terms govern both You and other(s) who use any Program you purchase (collectively, “You” and “Your”). You agree to be bound by the Terms, which is an agreement between Jo Stretch and You. The Terms of this agreement begin on the date of purchase and end exactly one (1) year thereafter.
PLEASE NOTE: The Method by Jo Stretch is not a school but rather is a provider of certifications for fitness professionals, a provider of self-study and exam prep materials aligned with its certification programs and a provider of continuing education for all personnel. The materials, including textbooks and self-study content, are authored by our fitness professionals, certifications are developed by subject matter experts under the oversight of a physical therapist. The completion of any self-study materials, when used outside of an academic program, does not lead to credits applicable to a post-secondary degree or diploma.
All Terms and Conditions herein apply to all Products and Services purchased in the United States directly from The Method by Jo Stretch. The following terms do not apply to purchases made from third parties inside or outside of the United States.
2. Term. You agree that the term of this Agreement is consistent with the dates specified above. The term of the Agreement may be extended upon mutual agreement, or based upon the Renewals policy in this Agreement. The term of monthly subscriptions shall be thirty (30) days, starting on the date of purchase.
3. Program Fees. You agree to make full payment for Programs in the amount(s) listed in your shopping cart, the Order Confirmation email You will receive, or as communicated by Jo Stretch representatives during registration. You must complete payment prior to commencing the Program.
4. Payment and Billing. You have two options for payment: (1) payment in full may be made for all services; or (2) monthly payment by debit or credit card for subscription purchases. The date the Agreement is signed shall be Your billing date. Each month on this date, the monthly payment is charged to Your credit card, or deducted from Your account. The Program prices are as follows:
• Initial Purchase Price: $379.00
• Model Price: $9.99 per Model
• Monthly Subscription: $5 per month
5. Refunds. No refunds shall be made for Programs purchased, except as specifically provided in the Agreement.
6. Renewals and Cancellations. For the initial payment, Jo Stretch will charge Your credit card one time on the date of purchase (“Initial Payment”). The Initial Purchase package will last six (6) months, from the date of purchase. At the end of the Initial Purchase period, you will have an option to renew. Jo Stretch will charge your credit card on a periodic basis for all additional Modules purchased (monthly, for monthly subscriptions each a “Subscription Period”) until You cancel the subscription. Your subscription will be deactivated if Your account becomes more than thirty (30) calendar days late. If You terminate Your subscriptions and wish to renew it, You will be required to pay any outstanding balance. Jo Stretch reserves the right to cancel Your subscription at any time.
7. Preservation and Non-Disclosure of Confidential Information. In the course of participating in the Services hereunder, You shall have access to certain Confidential Information, as defined herein as any information relating to the business, products, or services of Jo Stretch, and shall also include, but is not limited to, customer lists, business contacts, contracts, trade secrets, manuals, non-public information concerning Jo Stretch’s services and pricing, and information regarding the methods of operation of Jo Stretch and Jo Stretch's products and services.
The Parties agree that any and all Confidential Information provided to or learned by You, shall be and shall remain the exclusive property of Jo Stretch, and shall not be divulged to any person, firm or entity. The Parties further stipulate that any Confidential Information is important, material and confidential and that disclosure or use of such information in any way adverse to, or to unfairly compete with, or to allow others to unfairly compete with, Jo Stretch will irreparably affect the effective and successful conduct of the business of Jo Stretch, its profitability and good will, and that any breach of the terms of this Section shall be a material breach of this Agreement, and shall give rise to injunctive relief, among other things.
The terms, provisions, covenants and obligations contained in this Section shall remain in effect during the term of this Agreement and following the termination of this Agreement, or until the Confidential Information becomes publicly and generally known through a disclosure by Jo Stretch, or a source other than (and not attributable to or derivable from) Purchaser, whichever occurs sooner.
8. Inventions and Jo Stretch Intellectual Property. You acknowledge and agree that all inventions (as hereinafter defined) shall belong exclusively to Jo Stretch, and You hereby do and shall convey all right, title and interest therein to Jo Stretch, and shall from time to time execute and deliver such documents and instruments as Jo Stretch may require to carry out, reflect, record, or perfect such conveyance. "Invention" shall mean any invention conceived in whole or part by You or Jo Stretch during the term of this Agreement, except for any invention: (i) that You develop entirely on Your own time without using Jo Stretch's equipment, supplies, facilities, or trade secret information; and (ii) which neither (A) related at the time of conception or reduction to practice of the invention to Jo Stretch's business, or actual or demonstrably anticipated research or development of Jo Stretch, nor (B) resulted from any work performed by You for Jo Stretch.
All Programs, including websites and applications, are owned by Jo Stretch. Programs are for Your personal and non-commercial use only. You may not enroll in or use any Program for the benefit of a competitor of Jo Stretch. Programs may not be shared, re-sold, reproduced, re-published, modified, transferred, or distributed in any way without Jo Stretch’s prior written permission. All materials, including videos, text, explanations, diagrams, images, or other content that You receive or to which You have access during your Program are protected by copyright law and belong to Jo Stretch. You may not download, record, screenshot, copy or reproduce any of Jo Stretch’s content created for the Programs to which you subscribe. You may not make any audio and/or video recording of any content created by Jo Stretch as part of the Program. You may not attempt to decompile, reverse engineer, scrape, or datamine the Programs. The trademarks, service marks, designs, and logos displayed in Programs are the registered and unregistered trademarks of Jo Stretch and may not be used without Jo Stretch’s prior, written permission.
Programs may include digital access to Program content. Subject to Your compliance with these terms and conditions, Jo Stretch grants You a limited, personal, non-exclusive, revocable, and non-transferable license to access Program content during the access period of your Program. Access periods may be viewed from the Account Library section of Jo Stretch’s website, www.themethodjostretch.com.
9. Indemnification. You shall indemnify, defend, and hold Jo Stretch harmless from and against any and all liability, judgments, costs, damages, claims, or demands, including, without limitation, reasonable attorney’s fees, arising out of the negligent acts or omissions of You in Your performance of any activities learned from Jo Stretch’s Program content. Notwithstanding any other provision contained herein, You shall indemnify, defend, and hold Jo Stretch harmless from and against any and all liability, judgments, costs, damages, claims or demands, including, without limitation, reasonable attorney’s fees, arising out of the negligent acts or omissions of any of Your employees, officers, directors, independent contractors, agents and representatives, or any Third Parties with whom You share Jo Stretch’s content.
10. Default. You shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, Jo Stretch shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If Jo Stretch delays or refrains from exercising any rights under this Agreement, Jo Stretch does not waive, nor will Jo Stretch lose those rights. If Jo Stretch accepts late or partial payments from Purchaser, Jo Stretch does not waive the right to receive full and timely payments and other charges due under this Agreement.
11. Successors and Assigns. You agree that all terms and conditions of this Agreement shall be binding upon Your heirs, Personal Representatives, lawful successors, and assigns, and anyone claiming by or through You.
12. Governing Law. This Agreement shall be governed and enforced in accordance with the laws of the California. If any provision of this Agreement shall be for any reason invalid or unenforceable, the remaining provisions shall be nevertheless effective. The documents attached hereto constitute a material part of this Agreement and are to be construed as incorporated in this Agreement and made a part hereof. The failure to enforce any provision of this Agreement shall not be construed as a waiver of any such provision, nor prevent a Party from thereafter enforcing the provision or any other provision of this Agreement. The remedies granted the Parties under this Agreement or under applicable law are cumulative, and a Party’s election of one remedy shall not constitute a waiver of such Party’s right to assert all other legal and equitable remedies available to such Party under the circumstances.
13. Attorney’s Fees and Costs. You agree to pay all reasonable costs, including, but not limited to, attorney’s fees, incurred by Jo Stretch to enforce any provision in this Agreement.
14. Notices. Any notices specified in this Agreement will be sent to: (a) to Jo Stretch by certified mail to 7746 Girard Avenue, La Jolla, CA 92037; and (b) to Purchaser by certified mail to the address provided herein.
By signing this Agreement, You acknowledge that You have read, understood and agrees with all terms and conditions of this agreement. You further acknowledge that You have received a completed copy of this Agreement, which includes the E.F.T. request and Additional Terms and Provisions. This Agreement constitutes the entire agreement of the Parties and no other agreement or understanding exists between You and Jo Stretch. Jo Stretch has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce You to enter into this Agreement. You understand and agree that the terms of this Agreement are subject to change at any time at Jo Stretch’s sole discretion. Any conflict between the original Agreement and any copy of the original Agreement, shall be controlled by the original Agreement.
