Terms of Service
Last updated: January 20th 2022

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with MOMFIT’s website https://momfit.us (the “Service”) operated by Namasarte LLC (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.

Purchases

1. Providing Your Information

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase. This includes, without limitation:

  • Your credit card number
  • the expiration date of your credit card,
  • your billing address,
  • your shipping information, and
  • your shipping information, and

You represent and warrant that:

a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase;

b) information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide your information to third parties for purposes of facilitating the completion of Purchases.

2. Cancellation/Refusal of Orders

We reserve the right to refuse or cancel your order at any time for certain reasons including, but not limited to:

  • Product or service availability
  • Errors in the description or price of the product or service,
  • Error in your order

We reserve the right to refuse or cancel your order if we suspect any fraud or an unauthorized or illegal transaction. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

3. Availability, Errors and Inaccuracies

We regularly update the products and services on the Service, in order to provide exceptional service and accuracy.

We cannot and do not guarantee the accuracy or completeness of any information, including:

  • prices
  • product images,
  • specifications,
  • availability, and
  • services.

We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Despite our best efforts, the services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable. We may experience delays in updating information on the Service and in our advertising on other websites.

4. Accounts

When you create an account with the Service, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms. This may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username:

  • the name of another person or entity or that is not lawfully available for use,
  • a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization,
  • a name that is otherwise offensive, vulgar or obscene.

5. Copyright Policy

We respect the intellectual property rights of others. We respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement on behalf of the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of support@joannamercado.com. You must include in your notice a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

6. Intellectual Property

The Service and all contents, including but not limited to text, images, graphics, or code are the property of MOMFIT operated by Namasarte LLC. They are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service for your own non-commercial use only, or to place an order with MOMFIT operated by Namasarte LLC. Any other use is strictly prohibited and may violate copyright, trademark, and other laws. These Terms do not grant you a license to use any trademark of MOMFIT operated by Namasarte LLC or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

7. Links To Other Websites

The Service may contain links to third-party websites or services that are not owned or controlled by MOMFIT operated by Namasarte LLC.

MOMFIT operated by Namasarte LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the Terms and Conditions and Privacy Policies of any third-party websites or services that you visit.

8. Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation:

  • ownership provisions,
  • warranty disclaimers,
  • indemnity, and
  • limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

9. Indemnification

You agree to indemnify, defend and hold harmless MOMFIT operated by Namasarte LLC, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers, and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.

These include but are not limited to:

  • legal and accounting fees resulting from your use of the Service;
  • your breach of any of these Terms;
  • anything you post on or upload to the Service;
  • any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account, whether such access is obtained via fraudulent or illegal means.

10. Limitation Of Liability

MOMFIT operated by Namasarte LLC, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from:

  • your access to or use of the Service;
  • your inability to access or use the Service;
  • any conduct or content of any third-party on or related to the Service;
  • any content obtained from or through the Service;
  • the unauthorized access to, use of or alteration of your transmissions or content:
    • whether based on warranty, contract, tort (including negligence) or any other claim in law,
    • whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

11. Disclaimer And Non-Waiver of Rights

MOMFIT operated by Namasarte LLC makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any state in the United States. In such cases, the provincial law shall apply to the extent necessary.

MOMFIT operated by Namasarte LLC, its subsidiaries, affiliates, and its licensors do not warrant that:

a) the Service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

If you breach any of these Terms and we choose not to immediately act, or choose not to act at all, MOMFIT operated by Namasarte LLC will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. MOMFIT operated by Namasarte LLC does not waive any of its rights. We shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

12. Exclusions

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

13. Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the state of Ohio in United States, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

14. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

15. No Medical Treatment Disclaimer

MOMFIT operated by Namasarte LLC is not acting as your physician, dietitian, nutritionist, or other health care professional through this website. The information provided on this site is educational in nature and intended for general informational purposes only. The information is not intended as a substitute for specific advice from your physician, dietitian, nutritionist, or other health care professional. Information on this site has not been evaluated by the U.S. Food and Drug Administration. Always consult with your physician, dietitian, nutritionist, and/or other health care professional before changing your diet and/or beginning an exercise program.

16. 100% Satisfaction Guarantee

If you complete the program and you do not feel that your health has improved, then we will simply refund your money.

What does ‘complete the program’ mean?

You invested in our program because you intend to complete it. For the purpose of our Guarantee, we have defined what completing the program means. It does not mean doing everything completely and perfectly.

Our Total Satisfaction Guarantee requires a minimum level of participation in the program which includes:

a) Watching at least 80% of our videos in their entirety.
b) Completing and uploading at least the starting, midpoint and ending progress checks.
c) Posting any content in the MOMFIT Challenge Facebook group at least 10 times during the program.
d) Providing notice of your lack of satisfaction or progress with the program. This must be done by sending an email to support@joannamercado.com at least 30 days prior to the end of the program.
e) Attending at least 60% of the live coaching session if you are receiving LIVE coaching during your MOMFIT Coaching.

Contact Us

If you have any questions about these Terms, please contact us to support@joannamercado.com