PRIVACY POLICY

Terms & Conditions

Effective Date: [06/2/2025]

These Terms & Conditions (the “Terms”) govern your access to and use of the websites, mobile applications, programs, content, products, and services provided by Endurance Cartel ("Company," "we," "us," or "our"). By accessing or using any Service (defined below), you agree to be bound by these Terms and our Privacy Policy (incorporated by reference).

If you do not agree, do not use the Services.

1) Definitions

  • “Services”: All offerings we provide, including our website(s), mobile app(s), training programs, coaching, community, and digital downloads.

  • “Programs”: Structured training plans (e.g., 6–12 week blocks, Cartel FORTIS, self-guided PDFs).

  • “Site/App”: Our website and mobile applications are used to deliver Services.

  • “User,” “Client,” “Member,” “you,” “your”: Any person who accesses or uses the Services.

  • “Third-Party Services”: Platforms we use to deliver or process aspects of the Services (e.g., Trainerize, TrainingPeaks, Apple App Store/Google Play, payment processors).

2) Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. By using the Services, you represent that you meet this requirement and that you have the authority to agree to these Terms.

3) Health & Safety Acknowledgment

  • No Medical Advice: The Services are for educational and informational purposes only and are not medical advice, diagnosis, or treatment. We are not a healthcare provider and are not a HIPAA-covered entity.

  • Consult Your Physician: You are responsible for obtaining appropriate medical clearance before participating in any exercise, nutrition, or supplement protocol.

  • Assumption of Risk: You understand and voluntarily assume the inherent risks associated with physical training, including injury. You agree to stop any activity that causes pain, dizziness, shortness of breath, or other concerning symptoms and to seek professional care as needed.

  • Equipment: You are solely responsible for the condition and safe use of your equipment and training environment.

4) Accounts & Security

You may need an account to access certain Services. You agree to provide accurate information, keep your credentials confidential, and notify us promptly of any unauthorized use. You are responsible for all activity under your account.

5) Pricing, Billing & Payment

  • Fees: You agree to pay all fees disclosed at purchase. Fees are in U.S. dollars unless stated otherwise and are non‑refundable except as expressly set out in these Terms.

  • Taxes: Prices may exclude applicable taxes, which will be added at checkout.

  • Payment Methods: We may use third-party payment processors. By submitting payment information, you authorize us (and our processors) to charge all applicable amounts.

  • Chargebacks: Unauthorized chargebacks may result in suspension of access and collection actions.

6) Subscriptions & Auto‑Renewal

Certain Services are sold on a recurring basis and auto‑renew at the end of each billing cycle unless you cancel per the instructions in your account or order confirmation. You must cancel before renewal to avoid further charges. Partial periods are not refunded unless required by law.

7) Service‑Specific Terms

A. App Membership (Consumer Tier)

  • Price: $39/month (subject to change; see checkout for current price).

  • Minimum Term: 3 months. After the minimum term, the plan continues month‑to‑month until canceled.

  • Includes: App access, progressive plans, video demos, tracking, community features (if available).

  • Excludes: 1:1 coaching or individualized plan design.

  • Cancellation: Cancel any time after the minimum term via your account settings. No refunds for partial months.

B. Self‑Guided Programs (PDF Edition)

  • One‑Time Purchase: Downloadable PDF(s) with training directions (no app, no support).

  • All Sales Final: Due to the nature of digital goods, no refunds once download/access is provided, except where prohibited by law.

  • License: Personal, non‑commercial use only (see IP Section).

C. Cartel FORTIS — 90‑Day Elite Coaching

  • Rate: From $1,500/90 days; application required; limited availability.

  • Includes: Movement screen, lifestyle/stress audit, personalized strength/endurance programming (Trainerize/TrainingPeaks), nutrition/hydration/supplement strategy (non‑medical), weekly voice‑note check‑ins, ongoing messaging, recovery, and mindset tools.

  • Commitment: 90‑day minimum. Early termination may forfeit unused services; refunds are not provided for time not used.

  • Rescheduling: Sessions/check‑ins require advance notice as communicated by your coach; no‑shows may be forfeited.

8) Cancellations, Refunds & Rescheduling

  • Digital Downloads: All sales are final once delivered.

  • Subscriptions: Cancel future periods; no refunds for the current billing period after the charge.

  • Coaching: 90‑day commitment; unused time is not refundable. Session reschedule/no‑show rules apply as stated at booking.

  • Statutory Rights: Nothing here limits rights you may have under applicable law.

9) Promotions & Trials

Promotions, trials, credits, and coupons are time‑limited, non‑transferable, and subject to their own terms. We may modify or cancel promotions at any time.

10) Acceptable Use & Community Standards

You agree not to misuse the Services, including by: (a) violating laws; (b) harassing, abusing, or doxxing others; (c) posting or transmitting infringing, harmful, or deceptive content; (d) scraping, reverse engineering, or circumventing security; (e) sharing account credentials. We may remove content, suspend, or terminate accounts for violations.

11) Intellectual Property; License to You

All programs, text, graphics, logos, videos, PDFs, and other content are owned by us or our licensors and are protected by law. Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable license to access and use the Services for your personal, non‑commercial fitness use during the applicable access period.

You may not copy, reproduce, distribute, publicly display, sell, resell, make derivative works from, or otherwise exploit the Services or Content without our prior written consent.

12) User Content; Feedback; Publicity

If you submit content (e.g., posts, messages, form‑check videos), you grant us a worldwide, royalty‑free license to host, store, display, and otherwise use that content to operate, improve, and promote the Services. You represent that you have the right to grant this license and that your content complies with these Terms.

You agree we may use de‑identified results and anonymized data to improve Services. If you provide feedback or testimonials, we may use them without obligation or compensation. Publicity/media releases for name/likeness are optional and governed by separate consent when applicable.

13) Third‑Party Services

We may integrate or link to third-party platforms (e.g., Trainerize, TrainingPeaks, Apple, STRIPE, Google, payment gateways). Their terms and privacy policies govern your use of those services. We are not responsible for third‑party acts or omissions.

14) Communications; SMS Consent

By using the Services, you consent to receive communications (emails, in‑app, SMS) related to your account and purchases. For SMS, you may opt out by following the provided instructions. Message and data rates may apply.

15) Privacy

Our data practices are described in our Privacy Policy, which is incorporated into these Terms. By using the Services, you consent to those practices.

16) Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR‑FREE OR THAT RESULTS WILL MEET YOUR EXPECTATIONS.

17) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE 3 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations; in those cases, the above limits apply to the fullest extent permitted.

18) Indemnification

You agree to defend, indemnify, and hold harmless the Company and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your breach of these Terms, or your violation of law or third‑party rights.

19) Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, acts of government, war, labor disputes, internet outages).

20) Governing Law; Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict‑of‑law principles. Subject to the arbitration provision below, the exclusive venue for any permitted court action shall be the state or federal courts located in Miami‑Dade County, Florida, and you consent to their jurisdiction.

21) Binding Arbitration; Class‑Action Waiver

Please read this section carefully. It affects your rights.

  • Agreement to Arbitrate: Any dispute, claim, or controversy arising from or relating to the Services or these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

  • Class‑Action Waiver: You and we agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class or representative proceeding.

  • Opt‑Out: You may opt out of arbitration and the class‑action waiver by sending written notice to [javier@endurancecartel.com] within 30 days of your first acceptance of these Terms. If you opt out, the exclusive venue remains Miami‑Dade County, Florida.

  • Emergency Relief: Either party may seek temporary injunctive relief in court to preserve the status quo pending arbitration.

22) Termination; Suspension

We may suspend or terminate your access to the Services at any time for any breach of these Terms or suspected fraud, abuse, or safety concerns. You may stop using the Services at any time. Sections that by their nature should survive (e.g., IP, payments owed, disclaimers, limits of liability, arbitration) will survive termination.

23) Changes to the Services or Terms

We may modify or discontinue any Service at any time. We may update these Terms from time to time. Material changes will be indicated by updating the Effective Date and, where required, by additional notice. Your continued use after changes constitutes acceptance.

24) Miscellaneous

  • Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and us.

  • Severability: If any provision is found invalid, the remaining provisions remain in effect.

  • Assignment: You may not assign your rights; we may assign them to an affiliate or in connection with a merger or sale.

  • No Waiver: Failure to enforce a provision is not a waiver of our right to do so later.

  • Notices: We may send notices via email, in‑app messages, or by posting on the Site/App.

25) Contact

Endurance Cartel
[[JP Training LLC]]
[[4350 SW 11th ST, Coral Gables, FL 33134]]
Email: [javier@endurancecartel.com]

Service‑specific operational policies (e.g., session rescheduling windows, shipping for physical goods, or regional consumer rights) may be posted on the Site/App and are incorporated by reference.