Terms & Conditions
These terms and conditions and our privacy policy apply to all of our websites, including sophiamcdermott.com and sophiaFIT.com.
These website(s) a website owned and operated by Sophia Fitness LLC, (“we,” “our,” “us,” or “the Company”) a company that engages in health, fitness, wellness, Lifestyle Coaching and Brazilian Jiu Jitsu services within (in person and remotely) the State of Nevada, under the leadership of Sophia McDermott (Drysdale).
By visiting our website(s), creating a profile, purchasing any product/service or by clicking the “I accept” or “I agree” button while purchasing a subscription, you denote your legally-binding agreement to the following Terms and Conditions and Privacy Policy. If you do not agree to these terms and conditions, we encourage you to close this webpage.
The company reserves the rights to modify these Terms and Conditions at any time without prior notice, so we encourage you to visit this page regularly.
We reserve the rights to change or terminate any feature or service; we may restrict your access to some portions of website(s) in the event we find that you are engaging in an activity that is inappropriate or in violation of these terms and conditions. You are not permitted to engage in any illegal activity either with or to the website(s).
Use of Website(s) and Service
As a user of this website or a user/registrant of any of this website’s services, you agree:
Personal Use – Your account is solely for your own, personal use. You may not allow others to access or use your account. You may not transfer your account to any other person. You agree that we, as the owners of this website, are not responsible for third party access to your account that in any way results in theft or illegal usage, storage, or sale of your personal information. Information that you receive from the Services will not be used by you in means of selling, advertising or for your own Commercial Solicitation.
In most cases you will need to create an account on our website in order to access the online educational programs or Services. We are not responsible for the username and password details of you or others. Do not share your login information with anyone else. In case you forget your password, you can use “forgot password” option in the sign-in section of our website.
Minimum Age: To purchase the goods or services of this website, you must be 18 years of age or older. By using this website and/or purchasing our monthly subscription, you agree that you are at least 18 years of age or older. In the event that you are under the age of 18, you must have the express permission of your parent or legal guardian prior to purchasing any goods or services.
No False Information – You agree that every content or information you provide will not be inaccurate, false or misleading. Neither to us nor to any user. If any information or content becomes as such, you will quickly contact us of the change that happened.
Content Removal – Any information or content you submit to the Services or in the public area will be available to us for monitoring. We keep the right to remove any information that in any way violates any possible law of the Services or any third party.
No Harassment of Employees or Agents – You agree that you will not harass, pressure or threaten any agents or employees that are responsible with providing the Services to you.
General Refund Policy:
Refund Policy for Memberships: With regards to our ongoing memberships, It is understood that this is a monthly subscription. Upon purchasing the memberships, it is understood that payment will be withdrawn monthly on an ongoing basis unless you specifically cancel.
You can terminate your account at any time in Settings once logged in. You will be able to access your membership for the remainder of the month that you paid for. After that month you will no longer have access. We do not backtrack payments due to lack of use or any other reason. We do not refund unused months of the membership subscriptions.
Refund Policy for ebooks and Programs – Refunds for ebooks and programs will not be provided under any circumstances as the user gains full access to all content and downloads upon registration.
Refund Policy for Personalized Coaching and Coaching-Related Services – Refunds for coaching will not be provided under any circumstances.
General Refund for In Person events, Seminars or Camps. (camps)
For in person events such as no refund will be issued for any seminars or workshops in Brazilian Jiu Jitsu.
For Lifestyle Camps or Retreats, Partial refund can be issued if a request to cancel participation of said event is carried out within the timeframe outlined of two months before the Camps or Retreats in the event. Notification must be written and emailed to sophia@sophiafit.com within the mentioned timeframe.
For last minute cancellations or outside of the two month timeframe, no refunds will be issued.
You acknowledge that all the emails, phone number, credit card and other information you provide us belongs to you and you are not using any fake information.
User Conduct
All the products or services made available on this website are intended solely for personal use. You may not transfer, re-sell, assign, or dispose of any service without the prior written consent of the company. We reserve the right to cancel any membership if it appears that it is of fraudulent or inappropriate nature. Prices, promotions, and campaigns are subject to change without prior notice.
When creating a profile, purchasing our membership, contacting other members, posting anything on our social media accounts, or visiting any page, you will NOT:
Disclose any confidential information about other users without their permission or Try to sell other users’ information to third parties
Use pictures or content that do not belong to you. You are not permitted to impersonate anyone.
Infringe any third party’s rights
Upload any malicious software, virus etc that could disrupt the working of system tools, servers, networks
Engage in any kind of offensive behavior (pornography, racism, abusiveness, harassment etc.)
Try to access our services through automated robots
Trademarks and Copyright
Content
All data and content, offered through the website(s) and other are the sole property of Sophia FItness LLC. This includes all information, content, photographs, articles, text, video, images, functions, or other content. User may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. User may not upload, post, reproduce, or distribute in any way Content without obtaining permission of the owner. Content shall be governed by the software license agreement accompanying such software.
We may add some third-party products/services on our website and in that case, the product copyrights belong’s to the creator or successor in interest of the creator. We may also sell products/services as an affiliate so some of the products will be added to our website from other companies. We are not liable for any problem arising out of their contents, description, products etc. Sophia Fitness LLC, its affiliates, or any of their officers, directors, employees, or agents are in no way liable for any loss, damage or harm caused by a user’s reliance on information obtained through the sophiamcdermott.com or the sophiaFIT.com websites programs or events. It is your responsibility to evaluate the information, opinion, advice, or other content available through these resources and Services.
This website itself or any section of this website may not be duplicated, sold, reproduced, copied, resold, visited, or otherwise used for commercial purposes excluding the possession of express written consent from the website or company owner(s). You may not utilize “hidden text”, hereafter defined as being of the same purpose as metatags, without the company’s express written consent. Any unauthorized use of hidden text terminates any license granted by the company and associated companies and voids these Terms and Conditions. You may be prosecuted for such actions.
We reserve the right to withdraw or change website features at any time and by any means without prior notice. This may result or be resultant from a mistake, malware, technical issue, glitches, fraudulence, illegal involvement, tampering, or any other reason that interferes with or prohibits the appropriate conduct of this website, company, or campaigns. However, Elizabeth Rider International, Inc. will not be held liable for these issues or any and all damages they may cause. We reserve the rights to change the pricing structure on any product we choose, at any time and without prior warning.
Disclaimer & Indemnification
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SOPHA FITNESS LLC. DISCLAIMS ALL IMPLIED WARRANTIES.
WITHOUT LIMITING THE FOREGOING, SOPHIA FITNESS LLC and SOPHIA MCDERMOTT (DRYSDALE) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SOPHIAMCDERMOTT.COM AND SOPHIAFIT.COM WEB SITES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE WEB SITE(S) WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEB SITE; OR (IV) THAT THE WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF SOPHIAMCDERMOTT.COM OR SOPHIAFIT.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOPHIAMCDERMOTT.COM AND SOPHIAFIT.COM DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE(S) OR ANY RELATED SERVICES. THE OPERATION OF THE WEB SITE(S) MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ELIZABETH RIDER INTERNATIONAL, INC.
SOPHIA FITNESS LLC AND SOPHA MCDERMOTT (DRYSDALE) WILL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOPHIAMCDERMOTT.COM AND SOPHIAFIT.COM WEB SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEB SITE(S) OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SOPHIAMCDERMOTT.COM AND SOPHIAFIT.COM WEB SITE RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PROGRAMS, MERCHANDISE, EVENTS AND SERVICES AVAILABLE THROUGH THE SOPHIAMCDERMOTT.COM AND SOPHIAFIT.COM WEB SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
Medical Disclaimer
Sophia McDermott (Drysdale) is not a medical professional.
The information in this website(s) or otherwise provided by Sophia Fitness LLC should not be interpreted as medical advice; any recommendations cannot be applied to every individual, without first undergoing a thorough, in-person examination by qualified medical personnel to assess the risks of its application. Readers are urged to consult with a medical professional prior to instituting lifestyle changes. The information provided by Sophia Fitness LLC cannot substitute for professional medical care, whether diagnosis or treatment for any injury, deficiency, or disease.
The resources and information by and through sophiamcdermott.com and SophiaFIT.com are an informational resource for people seeking healthier lifestyles. Sophia McDermott (Drysdale) is not a medical doctor or nurse, and does not hold licenses as a clinical nutritionist or dietician, however she received her certification with National Academy of Sports Medicine as a Personal Trainer and a Fitness Nutrition Specialist (NASM CPT & FNS). The information contained through the websites(s) and through other sources connected with sophiamcdermott.com or Sophia Fitness LLC is based on Sophia McDermott (Drysdale)’s personal experience as trainer, coach and world class athlete in various disciplines. The owners and creators of this website assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found within or material linked to herein. Sophia McDermott (Drysdale) and Sophia Fitness LLC cannot guarantee the outcome of following the general recommendations and statements about potential outcomes, which are merely expressions of theory and extrapolation from anecdotal evidence, and not the result of peer-reviewed scientific study. Sophia McDermott (Drysdale), Sophia Fitness LLC and sophiamcdermott.com specifically disclaim any implied or express warranties about the information and recommendations provided herein.
You agree to defend, indemnify, and hold harmless the company, Sophia Fitness LLC and any associated companies and their associates from and against all liabilities, damages, and costs resulting from the violation of these terms and conditions. This wrongful or negligent conduct, whether conducted by yourself or any other person accessing the website using your information, will be assumed to have been conducted by you and is in no way reflective upon or liable to the website or its company.
Any Affiliate Relationships
While this website recommends certain online resources for wellness and independent business building, neither its creators nor its owners can or will promise any results from the purchase of, or even the faithful following of, such third-party products and programs. While generally speaking, the adherence to reputable health and business advice will yield more positive results than those realized by less enthusiastic participation, each person’s experience will vary and a lack of expected results will not create any liability on the part of Sophia McDermott (Drysdale) or Sophia Fitness LLC or of any successor in interest.
Recommendations of third party entities may be accompanied by an affiliate relationship between those entities and Sophia Fitness LLC. Unless an affiliate relationship is specifically disclaimed by Sophia McDermott (Drysdale) and Sophia Fitness LLC, please assume that all such recommendations carry some form of incentive towards Sophia Fitness LLC though nonetheless they may be recommended in good faith with the best interests of the clientele and customer base of Sophia Fitness LLC in mind.
Liability
We do not guarantee any measure of accuracy of our content and information on our website or any associated social media platforms. We do not guarantee accuracy for any warranties, liability, or any other damages caused by violation of this agreement. The following is a list where we do not offer accuracy:
Any form of warranty posted on any terms or through any medium which might be implied by law.
Any form of liability attached to any loss or damages from using our website(s). Said loss or damages have no limitations and result from the posts of other users, by using our website, or any hyperlinks or advertisements that are in any way associated with our website(s). They can include:
○ Data loss
○ Monetary loss
○ Contract loss
○ Company loss
○ Information breach
○ Income loss
Privacy
Your identity, information, and other personal data will be kept in the strictest confidence to the extent possible by Sophia Fitness LLC given the structure of your purchase of a course, program, membership, session, event or other product or service. The terms and conditions of the Privacy Policy re incorporated herein by reference.
Disclosures to Third Parties Not Protected
Any protection afforded by law in your benefit and against Sophia Fitness LLC. such as HIPAA compliance requirements for therapy patients, is not and cannot be extended to any third parties, including but not limited to group therapy participants, in person or in online forums such as Facebook® groups organized by the Company. Therefore, your voluntary participation in forums, including those created by the Company, that indirectly result in the publication of your personal information, including your name, likeness, and psychological issues, are by virtue of your use of these forums, you demonstrate both an express understanding of the inherent risks and permanently release the Sophia FItness LLC and Sophia McDemort (Drysdale) from any liability for such disclosure.
Payments
Payments for products and services from the Sophia Fitness LLC via the websites and programs are made through third party resources, including Kajabi, PayPal, Squarespace, Stripe, and directly through merchants for online courses and programs. The Company cannot be held liable for any breach of security or protocol by these third-party entities, and in using them, you agree that if you are damaged in some way as a result of their behavior, that you will pursue only the party that is directly involved in a breach of your information, and will hold Sophia Fitness LLC harmless in such matters.
Testimonial page
If you voluntarily choose to share your personal story on the testimonial page, any identifying information that you do provide will be publicly posted and you would irrevocably absolve Sophia Fitness LLC from any liability for your own public disclosure on that forum. Should you decide after the fact that you were mistaken in posting your personal information publicly, you may contact sophia@sophiafit.com with a request to remove the testimonial.
Acknowledgment
These Terms of Use, including all documents referenced herein, represent the entire understanding between you and Sophia FItness LLC regarding your relationship with Sophia McDermott (Drysdale) and associated website(s), and supersedes any prior statements or representations. When visiting the SophiaMcDermott.com website or making a purchase therefrom, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Privacy Policy
By using sophiamcdermott.com & sophiafit.com, the websites, you agree to the terms of this Privacy Policy.
Sophia Fitness LLC may collect information such as your name, email address, or your postal address when ordering our products/ services or contacting us regarding your queries. We advise you to please carefully go through the document in order to understand our privacy policy, and also to refer to our Terms of Service above. Moreover, we may change this document or make some adjustments from time to time, please make sure to visit this page regularly to stay up to date.
Your personal details will never be directly sold or shared by Sophia FItness LLC with third party advertisers; if you voluntarily click on an affiliate link, a cookie with limited information regarding primarily the source of your traffic will attach to your web browser and will be able to be read by the receiving organization.
Information and its use:
When purchasing our products and services, or simply signing up for our email newsletter, you are required to enter personal details in order to:
Provide complete access to our website
Register as an authorized user on our website
Complete a purchase of a product/service or event
Inform you about all the latest products, deals and other information relevant to you. All information will be delivered by email.
Information collected may include:
Your name
Email address
Phone numbers
Postal address
Debit or credit card details
You can choose not to provide certain information, but by choosing you may not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future experiences for you, improving our operations, and communicating with you.
You can visit our website(s), read materials, and browse the website’s contents without giving us any personally identifiable information. In order to provide you with the most efficient and enhanced personalized service and attention, we collect certain information automatically.
How We Collect and Use Information
The information from our websites is automatically gathered by our servers from your browser when you visit our websites. The information may includes your IP address, browser specifications, Internet service provider you use, pages you visit, type of platform and the number of clicks. By doing this we analyze trends and brands, prevent fraud, gather demographic info and many more. We do not share the log files and they are safe.
Contact Terms
Telephone: We may contact you personally if we feel there’s some issue regarding your membership or even answer your queries. We may even call you to get some feedback about the products we offer. We may also call you to get your permission to post your success story on our website.
Email: We reserve the rights to send emails to those who signed up on our website or posted any query. We will never spam you. If you are interested in not receiving any email from us, you can always unsubscribe us. All the emails are sent by our company and we don’t share your personal details with third party sites. You may unsubscribe to any of our online email updates by following the unsubscribe instructions in the body of any email message. We will take commercially reasonable steps to implement your opt-out requests promptly; but you may still receive promotional information from us for up to two weeks.
Changes to our Privacy Policy
We reserve the right to modify or make adjustments in this privacy policy without prior notice. Should any of these changes generate an error or discrepancy, you, as the user, agree that the website and its company shall not be held liable for any damages caused by said issue. We recommend that you check the Privacy Policy when you visit our Website to be sure that you are aware of and understand our current policy. If we make material changes to this policy, or in how we use or collect your personally identifiable information, we will prominently post such changes prior to implementing the change. We will not make any retroactive material changes in how we handle previously collected personal information unless you allow us to do so, or unless we are legally required to do so, and in such a case we will email registered website visitors information on material changes to this Privacy Policy.
As our business changes, our Privacy Policy and Terms of Use may change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.
Disclosure of Your Information
Disclosure By Law. With this you agree that we can reveal any information you provide if it is required by law, or the third party request. Also, if we believe that the revealing is in consideration to (1) according to law, any possible orders or requests from the law enforcement or any process that is legal; (2) the protection or defending of any third party’s or Sophia Fitness LLC property or rights; or (3) in case of protecting anyone’s safety, when any kind if violence is used against anyone including you.
Disclosure to Trusted Third Parties at Your Request. We may provide you with promotions, advertisements, sweepstakes and third party offers when you purchase a subscription or while you are visiting our site. You can choose to accept any such offer and then you have two options. You can choose to give the information regarding the offer you accepted directly to the third party or, we will provide your billing information to the third party user by pre-populating the registration forms of the offer. Keep in mind that your information will only be revealed if you accept the offer, once this is done you can’t quit the offer. If you wish to know how your information is being used go to the third party provider’s own privacy policy, it is on the offer pages. These offers may, if chosen, be presented on any Sophia Fitness LLC website pages. Your information will be directly submitted to the third party. With this, you understand and agree that we shall not be held responsible or liable for any possible loss or violation of your information during your sharing information with the third party.
Disclosures With Your Authorization. Uses and disclosures not specifically permitted by applicable law will be made only with your written authorization, which may be revoked at any time, except to the extent that we have already made a use or disclosure based upon your authorization
Visitors From Outside of the United States
Our website and the servers that make this website available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to this website. Any information you provide in subscribing to our website or registering or ordering at our website will be transferred to the United States. By visiting our website and submitting information, you authorize this transfer, processing and use.
Security
We understand the importance of maintaining the security of your personal information and to avoid its disclosure except as described in this privacy policy. We incorporate standard industry practices internally and with our service providers.
Although we have systems and procedures to secure the data maintained by us, security during Internet transmissions can never be assured. Our policy is to limit access to personal data to those employees or agents with a specific need to access or retrieve this information. We store data on multiple service systems, in controlled environments. To maintain security, we conduct internal reviews of our security measures on a regular basis.
Your rights
You have the full rights to update/modify your personal information attached to your account in settings. You can send us an email to info@sophiafit.com.com. You even hold the right to inform us not to use your information for any of our advertising or marketing purposes.
Termination
We reserve the right to terminate or cancel your account if we notice any inappropriate behavior or breach to our terms or privacy policy.
Any questions about these terms may be directed to:
Sophia Fitness LLC
2251 N Rampart Blvd
# 104,
Las Vegas, NV, 89128
United States
sophia@sophiafit.com