Terms of Service – Adaptive Performance Systems

Terms of Service

These terms of service outline the rules and regulations for the use of Adaptive Performance System’s Website, located at:

– www.adaptiveperformancesystems.com
– www.adaptperform.com.

By accessing this website and using our services, you accept these terms and conditions. Do not continue to use Adaptive Performance Systems, or any of their offered services, if you do not agree to all of the terms and conditions stated on this page.

The following terminology applies to these Terms of Service, Privacy Policy and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person using this website. “Adaptive Performance Systems”, “APS”, “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company – Adaptive Performance Systems via JC Aesthetics LLC. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States of America. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Money Back Guarantee Terms and Conditions

This section is intended to clarify and detail the sixty (60) and thirty (30) day money back guarantee that is listed on our website in the event you agree to submit any form of legal payment. It is also meant to define “results” in line with the guarantee policy.

“Results” are an arbitrary and subjective term that varies from person to person ( e.g., one person defines their results by the way they look in the mirror and another person defines their results by their ability to make healthier choices and not restrict their ability to go out to eat and socialize with friends)

As such, the definition for results will vary from person to person but will adhere as closely as possible to what said person inputs as their primary goal when filling out their Intake Questionnaire.

Therefore, in order to ensure full transparency throughout this section, “results” will be defined as any and all outcome(s) that puts the client in a more advantageous position towards reaching their goals than they were before starting.

It is at the sole discretion of the client to understand that they are autonomous in their actions and responsible for using the information and services provided to achieve desired results.

Additionally, in order for you – the client – to prove or disprove what is and what isn’t considered results, you will have will have to have completed all requirements listed below (under “requirements include”)

60 day guarantee:
As long as the client satisfies the requirements listed below (under “requirements include:”), they will have up to sixty (60) days from the date they submit payment to request for their money back if they are at all unsatisfied with the service and results they receive in regard to “The A.R.C. Method” service.
Given the costs associated with onboarding a new client and the Intellectual Property (IP) found in every aspect of our coaching service the compensation structure, if a submitted request is approved, for the sixty (60) day money back guarantee is as follows:

  • Refund requested within thirty (30) days = 75% of the client’s initial payment reimbursed if all requirements are met and just cause is proven using our Money Back Guarantee Terms and Conditions section as a guideline
  • Refund requested within sixty (60) days = 50% of the client’s initial payment reimbursed if all requirements are met and just cause is proven using our Money Back Guarantee Terms and Conditions section as a guideline

In each scenario the client has the opportunity to receive and keep more of the program than they are obligated to pay for if their refund request is approved.
For example, 30 days is ~33.3% of “The A.R.C. Method” program. The client gets to keep all resources and information received in those 30 days but only 25% of the initial cost is kept to account for operating costs up to that point. Likewise, 60 days is ~66.7% of “The A.R.C. Method” program but, if a refund request is approved, only 50% of the initial cost is kept to account for operating costs up to that point.

30 day guarantee (only applicable to MTM Comprehensive Coaching):

As long as the client satisfies the requirements listed below (under “requirements include:”), they will have up to thirty (30) days from the date they submit payment to request for their money back if they are at all unsatisfied with the service and results they receive in regard to our Comprehensive Coaching service.

Given the costs associated with onboarding a new client, the Intellectual Property ( IP ) found in every aspect of our coaching service the compensation structure, if a submitted request is approved, for the thirty (30) day money back guarantee is as follows:

  • Refund requested within fourteen (14) days = 100% of the client’s initial payment reimbursed if all requirements are met and just cause is proven using our Money Back Guarantee Terms and Conditions section as a guideline.
  • Refund requested within thirty (30) days = 50% of the client’s initial payment reimbursed if all requirements are met and just cause is proven using our Money Back Guarantee Terms and Conditions section as a guideline.

All other services (Nutrition or Training Only coaching) provided do not come with a guarantee.
Requirements include:

  • 100% completion of all required and agreed upon data entry and tasks given (up to 60 days worth)
    • Daily Bodyweight AM/PM
    • Daily Steps
    • Actual daily macronutrient consumption
    • All training data input through a third party app (TrainHeroic)
    • All “monitoring variables” on the “monitoring variables” tab found on Google Sheets
    • Daily Habits Checklist
    • Weekly actionable tasks given by your coach (walk 7500 steps this week, meal prep meals since you don’t have time during the week to cook, couple habits together to make cardio more entertaining, etc.)
    • Weekly Questionnaires
  • Providing objective, reasonable grounds/evidence that no services were actually rendered (e.g., weekly questionnaires not provided, training and nutrition programming not completed on time, coaches not answering questions or lacking communication throughout programming, precise adherence yielding nowhere near expected results, etc.)
  • Provide third-party proof of data entry with time stamps (e.g., have a dated written food log, use a food tracking application, or a Bluetooth scale that stores the daily weigh ins)

If all of these requirements are not met you will be subject to the terms laid out on your initial payment agreement that you signed and were provided.

If you do everything we ask and provide the data we need to make efficient and effective coaching decisions for you, you will see results. Guaranteed (in accordance with our Money Back Guarantee Terms and Conditions).

Informed Consent and Liability Statement

I hereby acknowledge that I understand the training programs, nutrition recommendations/diet templates, and consultations given by Adaptive Performance Systems (APS) through JC Aesthetics LLC are recommendations and are not medical necessities or mandatory prescriptions.

By signing up for and paying for any and all services offered by Adaptive Performance Systems I waive the right to legal action against JC Aesthetics LLC or any consultants of JC Aesthetics LLC (including APS), and I also acknowledge that there are health risks associated with undergoing dieting for physical-alteration, resistance training, and any exercise related program.

By signing up for and paying for any and all services offered by Adaptive Performance Systems I waive liability of JC Aesthetics LLC, APS, and their consultants per undesired results and any injury/adverse health effects from any recommendations, consultations, training or nutrition programing and for any/all activities associated with JC Aesthetics LLC and APS.

By signing up for and paying for any and all services offered by Adaptive Performance Systems I do hereby waive, release, and forever discharge and hold harmless JC
Aesthetics LLC and its owner, consultants, trainers and anyone associated with JC Aesthetics LLC from any and all responsibility, liability, cost and expenses, including injuries or damages, resulting from my participation in any activities, or my use of any programs (including nutrition and training templates), recommendations or consultations designed and offered by APS through JC Aesthetics LLC.

By signing up for and paying for any and all services offered by Adaptive Performance Systems I am also acknowledging that I understand the risks associated with beginning an exercise program and dietary intervention and hereby forever waive the right to sue or take legal action against JC Aesthetics LLC and its consultants per any health issues or injuries from adhering to any of the recommendations given by APS through JC Aesthetics LLC and its consultants. Furthermore, I also acknowledge that no results are guaranteed (see Money Back Guarantee Terms and Conditions), and I also understand training programs and diet templates are not to be shared with anyone either electronically or in person and are intended for me individually.
By signing up for and paying for any and all services offered by Adaptive Performance Systems I commit to keep training programs and diet plans confidential. I also acknowledge that I am suffering from no condition, impairment, disease, infirmity or other illness that would affect the metabolism of nutrients or prevent my participation in an exercise program. I acknowledge APS via JC Aesthetics LLC has recommended that I obtain a medical doctor’s approval for my participation in any exercise program or the use of exercise equipment. Additionally, I acknowledge that APS via JC Aesthetics LLC have recommended that I have a yearly or more frequent physical examination and consultation with my doctor related to physical activity/exercise and use of exercise equipment so that I might have his/her recommendations concerning these activities.

I acknowledge that I have either had a physical examination and been given my doctors permission to participate, or that I have decided to participate in activity and use of exercise equipment and programs/consultations designed/given by APS through JC Aesthetics LLC without the approval of my doctor and do hereby assume all responsibility for my participation in any and all activities related to the aforementioned specifications/any exercise or dietary intervention. In addition, I hereby represent and certify that I am currently covered by an accident and health insurance policy.

Additionally, I acknowledge that I am expected to do the following and understand that any affiliate of APS through JC Aesthetics LLC can terminate programming services if reasonable attention isn’t given to these expectations at any time:
– Adhere closely to any and all recommendations that pertain to training programs and nutritional recommendations
– Report scale weight to consultant as requested by consultant (7 x/week ) – Provide answers to weekly questionnaire(s) each week.
– Fill in training app with weight used in training, RIR/RPE, and other variables asked in order to monitor progress
– Fill in nutrition sheets with pertinent and accurate data required to ensure effective and efficient coaching decisions (e.g., reporting bodyweight weigh ins and calorie/macronutrient intake)
– Communicate regularly with consultant, including but not limited to 1x/week check in with progress pictures if applicable
– Use Cronometer app (or agreed upon food diary) to track calories and macronutrient intake

By signing up for and paying for any and all services offered by Adaptive Performance Systems you are agreeing to everything listed in its entirety throughout this document.
Additionally, you have the right to request that you sign an electronic or paper copy instead. By signing up for and paying for any and all services offered by Adaptive Performance Systems, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

License

Unless otherwise stated, Adaptive Performance Systems and/or its licensors own the intellectual property rights for all material on Adaptive Performance Systems. All intellectual property rights are reserved. You may access this from Adaptive Performance Systems for your own personal use subjected to restrictions set in these terms and conditions.
You must not:

● Republish material from Adaptive Performance Systems
● Sell, rent or sub-license material from Adaptive Performance Systems
● Reproduce, duplicate or copy material from Adaptive Performance Systems
● Redistribute content from Adaptive Performance Systems

This Agreement shall begin on the date hereof.
Parts of the services offered by Adaptive Performance Systems offer an opportunity for users to post and exchange opinions and information in the applications used to administer services (e.g., TrainHeroic and Google Sheets). Comments do not reflect the views and opinions of Adaptive Performance Systems, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Adaptive Performance Systems shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on the applications mentioned.
Adaptive Performance Systems reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:
● You are entitled to post the Comments on the applications listed above and have all necessary licenses and consents to do so;
● The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
● The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
● The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Adaptive Performance Systems a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our website without prior written approval:
● Search engines;
● News organizations;
● Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
● System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:

● commonly-known consumer and/or business information sources;
● dot.com community sites;
● associations or other groups representing charities;
● online directory distributors;
● internet portals;
● educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; ( b ) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Adaptive Performance Systems; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an email to jake@adaptiveperformancesystems.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link.

Approved organizations may hyperlink to our Website as follows:

● By use of our corporate name; or
● By use of the uniform resource locator being linked to; or
● By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Adaptive Performance Systems’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Web Pages that alter in any way the visual presentation or appearance of our Website.

Client Testimonials

All testimonials are from real, former clients that APS owners, Jake and Aaron, have worked with utilizing the same systems found within the A.R.C. Method program. Both owners mentioned have full approval and release from every individual mentioned or shown.

Testimonials seen in written or visual form are utilized to prove the competence of coaching services offered through APS and found on www.adaptiveperformancesystems.com but not all clients were offered services directly through APS.

By working with APS, you give your express permission to utilize any testimonial content (written or visual) in order to create advertising to promote services across various mediums; including but not limited to Social Media platforms, websites, emails, and resource material.

Your Privacy and Cookies Information

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Disclaimer

As long as the website and the information and services on the website are in line with the terms listed on our Payment Agreement, Informed Consent and Liability Statement, and Refund Policy, we will not be liable for any loss or damage of any nature.

Medical Disclaimer

JC Aesthetics LLC and APS is/are not a physician or registered dietitian. The services received should not be taken as medical advice. It is not intended to diagnose, treat, cure, or prevent any health problem – nor is it intended to replace the advice of a physician. Always consult your physician or qualified health professional on any matters regarding your health.