TERMS OF USE

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 ORDER OR USE OUR WEBSITE.

1. MINORS: Although our products and services are not age specific, we do not market our services or products to minors. If you are below the age of 18, you should only use our products and services with the permission and/or 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.

2. REFUND POLICY: Gerardi Performance Programs iare delivered entirely as a digital product with no recoverability once it is delivered. While physical product offerings from Gerardi Performance do have a 7 day return policy, the Gerardi Performance online personal training programs (and their associated digital content) and Gerardi Performance e-Books and ANY other similarly delivered digital programs are not included and no returns accepted.

That said, we do have our team of team of PERFORMERS standing by, as part of our PEAK PERFORMANCE guarantee, who are glad to help you to get the most out of your program should you have any questions. Please just let us know how they can help you by submitting a ticket to mike@gerardiperformance.com

Should you require a refund of any unopened supplements, or clothes you may do so by returning the physical product to us in its unused original condition within 7 DAYS OF PURCHASE.

Upon completion of inspection of the product to ensure all original components are included and that the program is in it’s original condition, a refund will be issued (less shipping and handling charges). The return shipping charges will be the responsibility of the customer and will not be covered in the refund. Consumable goods are not eligible for return once they are opened, regardless of when they are purchased. Unopened bottles must be returned within 7 days of purchase to be eligible for refund. In these instances, the product must be shipped back to our facility at the address above, in its original unopened condition to be verified by inspection upon it’s arrival. The customer is responsible for return shipping charges. Upon completion of inspection to ensure the goods are untampered with, a refund will be issued (less original order shipping and handling charges).

2a. The Gerardi Performance online personal training program, no matter the package purchased, is delivered entirely as a digital product with no recoverability once it is delivered. If a refund is requested in the middle of an online personal training program ( i.e. 12 weeks into a 6 month program, 4 months into a 1 year program, etc.), the program may be paused but no refunds will be given. This is because spots are limited for each program duration/package and so you have taken the spot of another potential client for that time frame.

A second refund will NOT be issued if a customer purchases a program that they have received a refund on once before. For example , a customer purchases "Booty Bootcamp eBook" in March and receives a refund. They then decide to purchase "Booty Bootcamp eBook" a second time in August and requests a refund, one will not be issued. it is assumed that you know all about the program that you once owned and returned. This applies to ALL products.

In the event that a customer’s request for a program exchange is granted, the customer will no longer be eligible for a refund on either program, nor will the customer be eligible to request another program exchange in regards to that purchase. All requests for refunds and exchanges must be made within the appropriate time frame for that program. A customer has 24 hrs from the date of purchase for online personal training programs (as long as no digital products have been delivered) and 7 days from the date of purchase for all e-Books. As stated above, NO exchange or refund will be issued if the files have been delivered.

2b. Delivery for digital content
Your programs are delivered entirely online. They are PDF based. No Physical product will be sent in the mail. It is not an app. We may disseminate the information as we see fit.

2c. SHIPPING AND DELIVERY POLICY: 1. It is understood that any and all packages delivered to international customers (defined as anywhere outside the fifty United States) will/may require clearance through customs which can cause an unpredictable delay of shipment. The requirement for clearance and length of delay can vary greatly from country to country. Likewise, any additional taxes or surcharges imposed by UPS, USPS or courier selected at the time of the international delivery are outside of our control, not determined, set or required by Gerardi Performance are therefore the responsibility of the recipient. Should packages be refused in these instances, it is understood that no refund of purchase will occur and the refusal of the package will be documented by the courier. 2. Packages are shipped once a day from our facility (9AM EST), Monday through Friday (with no shipping occurring on Saturday or Sunday). Any order placed will ship during this period on the following day using the shipping method selected by the customer at the time of checkout. Should the order be placed at 11AM EST on a Friday for instance, the package would not be shipped until Monday morning at 9AM EST due to the fact that the warehouse is closed as stated earlier. 3. Package tracking numbers are emailed to our customers on the evening of the day that the package ships (when applicable). Please note, only UPS provides detailed city by city tracking however they do not deliver to P.O. Boxes. USPS Priority Mail provides tracking ONLY for departure and destination events. No updates are provided in transit for USPS Priority Mail, however P.O. Box delivery is available. 4. International Shipping Documentation is required both by the recipient and the sender. Gerardi Performance provides ALL necessary documentation required to export our products to other countries. We are required to provide a Commercial Invoice as well as Proof of Origin. The recipient is required to provide any and all other paperwork required by their county of citizenship or where the product is being shipped. This may consist of, but not limited to Proof of Import, any health licenses or any other document your county requires importing our product. If the recipient fails to provide such documentation and the product is not returned to our warehouse at the recipients’’ cost, NO REFUNDS will be issued.

3. 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.

4. 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 within our privacy policy on this website.

5. 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 at mike@gerardiperformance.com, and providing us with information relating to your concern.

6. 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.

7. 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 at mike@gerardiperformance.com. If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to mike@gerardiperformance.com ,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.

8. 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.

9. 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 at mike@gerardiperformance.com 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.

10. 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.

11. COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION: You agree to obey all applicable laws while using our website. You agree that the laws of MA 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 Boston, MA, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.

12. 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.

13. HOW TO CONTACT US: Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail at admin@athleanx.com, and providing us with information relating to your concern.

You may also mail your concerns to us at the following address:

Gerardi Performance, LLC 13 Taylor Ave, Burlington MA 01803

14. 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 02-05-2022.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.

No part of this website may be reproduced or transmitted in any form or by any means, mechanical, electronic, or otherwise, including photocopying and recording, or by any information storage and retrieval system, or transmitted by e-mail, or used in any other fashion without the express prior written permission of the website owner.

This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.

DMCA PROVISIONS

The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. Â§ 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.

Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (â€œISPâ€).

The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counternotice to the website owner and/or the ISP.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Please send DMCA notifications of claimed copyright infringement to:

To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)

3. Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).

4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”

5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

For details on the information required for valid notification, see 17 U.S.C. Â§ 512(c)(3).

COUNTERNOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT

If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counternotification with the website owner and/or the ISP. If website owner and/or the ISP receives a valid counter notification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.

The website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless the website owner and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.

Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

TERMS OF USE

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TERMS OF USE

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