Terms of Use

Effective Date: May 17, 2023

Last Revised: August 1, 2023

Thank you for visiting Fitness Providers!

The website is owned and operated by Fitness Providers LLC (“FP”, “Fitness Providers,” “Fit + Nutrit,” “Company,” “we,” “our,” or “us”).

This Terms of Use (the “Agreement”) and its referred policies contain the complete terms and conditions that apply to the use of any and all Fitness Providers services (“Services”) being offered at www.FitProSvs.com, all affiliated websites, including any mobile versions and applications owned and operated solely by Fitness Providers, LLC (collectively, “Site”). When used in the Agreement, “FP” or “Company” or first-person pronouns (such as “us,” “our,” “ours,” “we,” etc.) refer to Fitness Providers, LLC and any other business (including “Fit + Nutrit”), company, or interests that Fitness Providers has previously owned or operated, currently owns and operates, or may own or operate in the future. The following refers to you, “User,” “Client,” “Customer,” or “You.”

USE OF THE SERVICES AND THE SITE CONSTITUTES KNOWING, ACCEPTANCE, AND ACKNOWLEDGEMENT OF THIS AGREEMENT, AS WELL AS THE COMPANY’S PRIVACY POLICY (THE “PRIVACY POLICY”). PLEASE READ THIS AGREEMENT AND THE PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE SITE AND SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THE AGREEMENT AND PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THE AGREEMENT AND PRIVACY POLICY, DO NOT ACCESS OR USE THE SITE AND SERVICES OR ANY SERVICES PROVIDED BY FP.

This Agreement does not alter in any way the terms or conditions of any other contractual agreement you may have with the Company. If there is any conflict between this Agreement and the terms of any other contractual agreement that you have entered with the Company, those terms will supersede the terms of this Agreement.

Headings. All headings are solely for the convenience of reference. The headings shall not affect the meaning, effect, or construction of this Agreement.

1. Use of Service

FP’s online services are provided to Users seeking services. The Site and Services are offered to Users for personal and professional use. Individuals and entities will work alongside the Company to provide fitness and wellness services, including but not limited to contractors, consultants, developers, vendors, personal trainers, chiropractors, physical therapists, massage therapists, nutritionists, or any other service providers (collectively, “Service Providers).

The Site and Services are available to Users so that they may purchase and schedule appointments, sessions, packages, and programs (collectively, “Sessions”) to meet with Service Providers in their area. To enjoy the Services, Users register on the Site, and are taken through the process of selecting the services of his or her choice. If the User decides to move forward, they may purchase (and schedule) services through FP for their selected Service Provider.

Users acknowledge and accept to use the Site and Services only in the way mentioned.

1a. Endorsements. Access to the services and information is available for a fee. The Company does not verify this information and does not guarantee the accuracy, completeness, or timeliness of the information or claims contained within. The Company maintains reasonable efforts to keep all information contained in the Site and Services current and accurate, but it assumes no obligation to do so, and acknowledges no responsibility or liability for any errors, omissions, or misrepresentations that might appear on the Site and Services.

Some jurisdictions (Cities, States, or municipalities) may impose licensing requirements for specific fitness providers or otherwise regulate their specialty of services. The Company does not confirm, validate, review, endorse, or investigate the qualifications, licensure, or abilities of any advertised fitness provider offering specialty services through our Site and Services, nor does it guarantee or endorse the efficacy or quality of any services they offer.

By using the Site and Services, you acknowledge and accept that you are responsible for confirming the qualifications of any advertised fitness provider and for determining the appropriateness of any service or suitability of any provider for your needs.

1b. Eligibility. You must be at least 18 years of age to use the Site and Services. By using the Site and Services, you confirm and warrant that:

  1. You are at least 18 years of age or older;
  2. All registration information that you submit to the Company is accurate and truthful;
  3. You will maintain the accuracy of any information you provide to the Company;
  4. You have the right, capacity, and legal authority to enter into the Agreement and to abide by all of its terms and conditions;
  5. Your use of the Site and Services does not violate any applicable law or regulation.
 

Users under 18 years of age may use the Site and Services only with the involvement and consent of a parent or guardian.

1c. Exceptions. Any individual, organization, or entity attempting to use the Site and Services for any purpose outside this scope is strictly prohibited. You acknowledge and accept that the Company may change, restrict, or discontinue your use of the Site and Services for any reason without notice. Users are prohibited from violating or attempting to violate the security guidelines of the Site and Services. You agree not to:

  1. Resell or attempt to resell Sessions and other Services offered by the Company;
  2. Create or attempt to create a marketing or solicitation list;
  3. Obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you through hacking, password mining, or any other means;
  4. Inhibit or restrict other Users from using or accessing the Site;
  5. “Flood,” “infect with a Virus,” “spam,” “mailbomb,” or “crash” the Site with requests or otherwise disrupt, damage, impair, disable, overburden, or harm functionality of the Site and Services provided to or by any Company server, User, host, or the networks connected to any Company server;
  6. Attempt to probe, scan, or test the vulnerability of a system or network, or breach security or authentication measures;
  7. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or in any way using the Site and Services to send altered, deceptive, or false source-identifying information;
  8. Using any meta tags or other hidden text or metadata utilizing a Company trademark, logo, URL, or product name;
  9. Post any private or Personal Information about any person, without that person’s consent;
  10. Send unsolicited mail, e-mail, faxes, or phone calls regarding promotions or advertising of products or services to another User or Service Provider;
  11. Collect information including, but not limited to, information regarding other Users or their actions related to the Site and Services using an automated software tool or manually on a mass basis;
  12. Harass, defame, or injure another User or Service Provider on the Site;
  13. Delete or modify any trademark, copyright, or other proprietary rights notices that appear on the Site or Services or its content;
  14. Frame of or link to any of the website material or information available from the Site and Services unless express permission is granted by FP to do so. You may create a link to the home page of FP, as long as the link does not portray the Company, its employees, or its affiliates in a derogatory, misleading, false, or otherwise offensive matter;
  15. Use automated means to access the Site or Services, or gain unauthorized access to the Site and Services to any account or computer system connected to the Site;
  16. Store, copy, or download any content on the Site and Services in a retrieval system for any other purpose except as otherwise provided in this Agreement, nor may it be redistributed for any purpose, without the express written permission of FP;
  17. Reverse engineer, decompile, disassemble, or attempt to reverse engineer, decompile, or disassemble any part of the Content or Services; or
  18. Use or access the Site and Services or its content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
 

The Company expressly reserves all of its rights and remedies under applicable State and Federal law. Any other use which is unlawful or in violation of the Agreement is prohibited. The Company reserves the right, in its sole discretion, to remove or edit content, refuse service, terminate accounts, or restrict Sessions.

Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. In addition, you acknowledge and accept that sending unsolicited email marketing to Company email addresses or through Company servers is expressly prohibited by the Agreement. Any unauthorized use of Company servers is a violation of the Agreement and certain Federal and State laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil or criminal penalties.

You acknowledge that the Company may establish limits concerning use of the Site and Services, including the maximum number of days that content will be retained by the Site and Services, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Site and Services, and the frequency with which you may access the Site and Services.

2. No Medical Advice

You acknowledge and accept that our Site and Services are intended for use only by individuals healthy enough to perform strenuous exercise and follow a general nutrition plan. The Site and Services may not be suitable or recommended to all individuals, including but not limited to, pregnant women, individuals with injuries, or people who suffer from an underlying medical condition or who may have special dietary needs.

Our Site and Services, as well as Service Providers, may utilize the Physical Activity Readiness Questionnaire (PAR-Q) in assessing the safety of, or possible risks of, physical activity for you based on your responses. The questionnaire requires that all information provided by Users is accurate, complete, true, and correct and does in no way omit any relevant information regardless of whether we have asked about such information.

When becoming a User of the Site and Services, you affirm that a physician has specifically approved your use of the Site and Services, or that ALL of the following statements are true:

  1. No physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;
  2. You have never felt chest pain when engaging in physical activity;
  3. You have not experienced chest pain when not engaged in physical activity at any time within the past month;
  4. You have never lost your balance because of dizziness and you have never lost consciousness;
  5. You do not have a bone or joint problem that could be made worse by a change in your physical activity;
  6. Your physician is not currently prescribing drugs for your blood pressure or heart condition;
  7. You do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems;
  8. You are not pregnant, breastfeeding, or lactating;
  9. You do not have a condition of high-cholesterol, diabetes, obesity, or arthritis; and
  10. You do not know of any other reason you should not exercise or follow a general nutrition plan.
 

YOU SHOULD CONSULT YOUR DOCTOR OR OTHER PROFESSIONAL HEALTHCARE PROVIDER BEFORE USING THE SITE AND SERVICES. THE USE OF ANY INFORMATION, SERVICES, OR PROGRAMS PROVIDED ON THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK. CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY. IF AT ANYTIME DURING YOUR PHYSICAL ACTIVITY OR EXERCISE WORKOUT YOU DO NOT FEEL WELL, MAKE SURE YOU STOP IMMEDIATELY AND SEEK THE MEDICAL ADVICE OF A MEDICAL PROFESSIONAL IF REQUIRED.

THE CONTENT AVAILABLE VIA THE SITE AND SERVICES IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER THE COMPANY NOR ITS AFFILIATES OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. ALL CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. SUCH CONTENT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. SUCH CONTENT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. NO CONTENT STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY OF THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. ANY RECOMMENDED PHYSICAL ACTIVITY OR EXERCISE WORKOUT PLANS OR NUTRITION PLANS, EVEN IF THEY ARE TAILORED TO INDIVIDUAL USERS, SHOULD NOT BE MISCONSTRUED AS MEDICAL ADVICE, DIAGNOSES, OR TREATMENT. BEFORE STARTING ANY NEW TREATMENT OR REGIMEN, ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION.

Neither the Company nor any of its Service Providers or Affiliates will be liable for any direct, indirect, exemplary, consequential, special, or other damages that may result, including but not limited to physical or mental injury, monetary loss, death, or illness that may result from any of our recommended physical activity, exercise workout plans, or nutrition plans. While you may receive guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities from the Company or Service Providers, all Users assume sole responsibility for performing the exercises or activities with proper form and technique, as risk of injury or illness increases with improper form and technique.

USE OF THE SITE AND SERVICES ARE AT YOUR SOLE RISK. THE SITE AND SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS COMPLETENESS, ACCURACY, OR APPROPRIATENESS FOR ANY PURPOSE. THIS INCLUDES ADVICE FROM SERVICE PROVIDERS TO YOU, ANY ACTS OF NEGLIGENCE, BREACH OF CONTRACT, OR OTHER CONDUCT ENGAGED IN BY YOU OR BY ANY OF THE SERVICE PROVIDER’S AGENTS, VENDORS, CONSULTANTS, AND THE LIKE, INCLUDING ANY MATTER RELATING TO OUR SITES AND SERVICES. ADDITIONALLY, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS, AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE SITE AND SERVICES AND FROM SERVICE PROVIDERS WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

3. Modifications to this Agreement

The Company reserves the right, in its sole discretion, to modify, disable, discontinue, suspend, or terminate access to the Site and Services or to modify this Agreement at any time and without prior notice and publish it at: https://www.FitProSvs.com/terms-of-use. You can access FP’s Privacy Policy at: https://www.FitProSvs.com/privacy-policy. The Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any parts of the Site, Services, or the Agreement.

The Agreement and Privacy Policy are legal agreements between the Company and you. Any modification to the Agreement and Privacy Policy will be effective immediately upon its publication. Accordingly, you should check to see if a new version of the Agreement has been posted each time you use the Site and Services. Your continued use of the Site and Services after changes have been made to the Agreement, or after implementation of any other new policy, shall constitute your acknowledgement and acceptance of such amendment, change, or policy. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THE SITE OR SERVICES. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf.

Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All parties agree that all correspondence relating to the Agreement shall be written in the English language.

4. Privacy Policy

FP is committed to safeguarding your privacy online. The use of the Site and Services and all Personal Information, registration data, comments, feedback, and other information we collect on the Site and Services is subject to our Privacy Policy. By using the Site and Services, you consent to all actions taken by the Company with respect to your Personal Information in compliance with the Privacy Policy.

Please review our Privacy Policy: https://www.FitProSvs.com/privacy-policy.

5. Device Usage Terms and Conditions

You acknowledge and accept that your use of the Site and Services must also be in accordance with the usage rules established by your mobile device platform or mobile service provider.

In exchange for the Company providing you with access to the Site and Services, you consent to the Company collecting and using technical data, Personal Information, and any other related information in connection with your use of the Site and Services, including, but not limited to, contact information and technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Site and Services and of software updates, product support and other services. In addition, you consent to the Company to communicate with you about the Site and Services.

6. Registration & User Accounts

Users may be required to register with FP online to access certain areas and features of the Site and Services. If you register, you confirm that you will:

  1. Provide accurate, current, and complete information about yourself as may be prompted by any signup, login, and registration forms via the Site and Services. In order to register, Users must provide all information including, but not limited to, full name, state of residence, zip code, phone number, gender, date of birth, email address, and create a password (collectively, “Registration Information”);
  2. Maintain and promptly update the Registration Information, and any other information you provide to the Company, in order to keep it accurate, complete, and current;
  3. Accept all risk of unauthorized access to the Registration Information and any other information you provide to the Company;
  4. Agree to provide the Company with current, accurate, complete, and true billing information (including credit card, other payment method numbers, and expiration date) if purchasing any Services such as Sessions with a Service Provider that require payment of fees;
  5. Not use any names, content, data, or other Registration Information that is in violation of the intellectual property rights of any other individual or entity or that the Company considers to be offensive or adverse to the atmosphere and purpose of the Site and Services. Users are only authorized to create and use one account for the Site and Services and are prohibited from using alter egos or other disguised identities when using the Site and Services;
  6. Be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account. The Company is under no obligation for the deletion or retention of records in your account or any data or information that you may have stored by means of your account or your use of the Site and Services;
  7. Agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately;
  8. Acknowledge and accept that the Company will not be liable for any loss that you may incur as a result of another party’s use of your password or account, either with or without your knowledge, and you further agree that you will be liable for any losses incurred by the Company or another party in respect of another party’s use of your account or password; and
  9. Inform the Company if there is a change in the Registration Information you provided at the time of your initial registration by contacting us at: info@FitProSvs.com.
 

You are under no obligation to use or continue to use the Site and Services and may stop using the Site and Services without notice to the Company.

If you are under 18 years of age, you may not use the Site and Services. You may not create a User Account if accessing the Site or Services would violate the laws of your jurisdiction.

The Company reserves the right to reject, terminate, or suspend User accounts or access to the Site and Services at any time, for any reason, with or without notice to you. Further, the Company reserves the right to change or discontinue any part of the Site or Services at any time, for any reason, with or without notice to you.

The Company disclaims any and all liability resulting from fraudulent access or use of the Site via User accounts. The Company reserves the right to access and disclose any Registration Information including, without limitation, other information to comply with applicable laws and lawful government requests.

7. Security

You acknowledge and accept that no website or server is completely secure or impenetrable from hacking, data breach, and other intrusions. Third parties may obtain access to material, content, communications, data, or other information you send to us for their own purposes, or for public distribution. Such actions can cause significant damages. By using the Site and Services, you voluntarily assume all risks of data breach, and release the Company in the event your information is obtained by others, or made public in any fashion.

The Site may require you to register or obtain a password prior to permitting access to the Site and Services. Users are solely responsible for maintaining the confidentiality of Registration Information and password, and for all uses of the password, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.

8. Email Policy

You may receive periodic emails from FP. If you would rather not receive emails from us, please unsubscribe either by clicking on the “Unsubscribe” link at the bottom of the email, or by updating your preferences in your account on the Site, or by emailing info@FitProSvs.com.

The Company reserves the right to send e-mail or other communications to Users even if you have opted not to receive periodic emails from the Company. You acknowledge and accept that even unsolicited commercial email sent from the Company or its affiliates is not SPAM as defined under law. The purpose of this communication may include but is not limited to information designed to:

  1. Inform you of any changes to the status of your account;
  2. Provide information to you regarding products or services offered by the Company’s affiliates or partners or inform you about the Company’s related products or services;
  3. Provide newsletters, updates, featured content or other information you have chosen to receive; and
  4. Inform you of other important and timely notifications such as Session confirmations, Session changes, no-show confirmations, cancellation of Sessions, and other emails relating to Sessions booked through the Site and Services with Service Providers.
 

You acknowledge and accept that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing.

9. Intellectual Property & User Content

All registered and unregistered trademarks and service marks used or referred to on the Site and Services are the property of FP or its affiliates, unless otherwise noted. The materials and services provided for and depicted on the Site and Services are protected by copyright, service marks, patent, trademark, and other intellectual property laws except where explicitly noted otherwise. All text, data, video, audio, recordings, graphics, photographs, software, design, or other content on the Site and Services (“Content”) is provided to you by the Company for the sole purpose of using the Site and Services. The Content may be modified periodically by the Company in its sole discretion.

Nothing in this Agreement shall affect any rights of the Company or its licensors in the Site and Services or the Content, and any associated copyrights, patents, trademarks, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of the Company or any third party is granted under this Agreement.

ALL USE OF CONTENT IS PROVIDED “AS IS” AND AT YOUR OWN RISK.

Any use of the Site and Services in violation of this Agreement will be regarded as an infringement of the Company’s copyright rights in and to the Content. You must:

  1. Comply with all posted terms included in this Agreement;
  2. Comply with all applicable laws and regulations, including, but not limited to, all intellectual property, privacy, data, and export control laws, and any regulations promulgated by any government agencies;
  3. Use commercially reasonable efforts to prevent unauthorized access to the Site and Services;
  4. Keep all passwords and all other login information confidential;
  5. Monitor and control all activity conducted through your account in connection with the Site and Services; and
  6. Upload and disseminate only data that you own or to which you have obtained all required rights, and do so only in a manner consistent with applicable laws;
  7. Promptly notify us if you become aware of any illegal or unauthorized activity or security breach involving your account.
 

9a. Prohibited. The use of Content on any other website, without authorization, is prohibited. If you violate any of the foregoing restrictions, your right to use of the Site and Services will immediately cease, and you will have infringed the copyright and other rights of the Company, which may subject you to prosecution and damages. The Company reserves all rights not expressly granted to you in this Agreement.

You shall not copy, reproduce, reprint, publicly display, broadcast, modify, create derivative works of, publish, rent, lease, transfer, assign, redistribute, sublicense, frame, scraping, display, post, transmit, download, sell, use any data mining, decompile, or reverse-engineer the Content or any information, software, or services provided by the Company herein. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

9b. License to User Content. The Site and Services include forums and other interactive areas or services (“User Areas”) in which Users can create, share, or post content, text, data, information, materials, ratings, reviews, photos, and other materials (“User Content”). You acknowledge and accept that you are responsible for any User Content you submit on or through the Site, including its accuracy, legality, reliability, and appropriateness.

As between you and the Company, the Company shall own all title, ownership rights, and intellectual property rights in and to the Site and Services, and any copies or portions thereof. You grant the Company and its affiliates the perpetual, irrevocable, royalty-free, non-exclusive right (including any moral rights) and fully transferable license to use, reproduce, modify, adapt, create derivative works of, distribute, communicate, publish, and display (in whole or in part) worldwide, in any medium now known or later developed, any User Content provided, or otherwise transmitted by you via the Site and Services to other Users or third parties.

Although the Company does not claim ownership of any User Content that its Users post, by posting User Content to any User Areas of the Site and Services, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an perpetual, irrevocable, non-exclusive, fully paid, worldwide license to use, display, copy, perform, and distribute said User Content and to prepare derivative works of, or incorporate into other works, said User Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, you grant the Company all rights necessary to prohibit any subsequent aggregation, duplication, copying, reproduction, display, or exploitation of the User Content on the Site and Services by any party for any purpose. You waive any and all claims against the Company of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on the Site and Services.

By posting, submitting, uploading, transmitting, distributing, storing, creating, publishing, or otherwise providing User Content via the Site and Services, you represent and warrant the following:

  1. You own or otherwise control all intellectual property, publicity, and other rights to the User Content necessary for the validity of the license grant above. You are responsible for determining that it is not protected by copyright, trademark, or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from any uploading, posting or submission;
  2. Any User Content submitted shall be deemed non-confidential for purposes of this Agreement;
  3. The holder of any rights, including moral rights of such User Content, has completely and effectively waived all such rights;
  4. The User Content is not false or irrelevant content, or repeatedly posting the same or similar content;
  5. The license grant pertaining to the User Content also permits our Users to access, view, display, store, and reproduce such User Content for personal and non-commercial use.
  6. The User Content is not libelous, defamatory, fraudulent, deceptive, profane, obscene, lewd, pornographic, sexually explicit, indecent, suggestive, violent, vulgar, harassing, hateful, threatening, bigoted, abusive, offensive, racist, discriminatory, inflammatory, or otherwise objectionable;
  7. The User Content is not illegal or unlawful, that would encourage, constitute, or provide instructions for a criminal offense, or that would otherwise create liability or violate any local, State, provincial, national, or international law;
  8. The User Content does not intimidate, harass, degrade, or is hateful toward any individual or group of individuals on the basis of race, ethnicity, religion, gender, age, sexual orientation, or disability;
  9. The User Content does not suggest a discriminatory preference based on sex, familial status, color, race, religion, national origin, or handicap (or violates any State or local law prohibiting discrimination on the basis of these or other characteristics);
  10. The User Content does not violate Federal, State, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on sex, color, religion, race, national origin, age, or disability;
  11. The User Content does not infringe or violate any trademark, copyright, patent, trade secret, right of privacy, right of publicity, or other intellectual property right, or any other right, of any party;
  12. There is no unsolicited promotions, political campaigning, or commercial messages (SPAM), or any chain messages or User Content designed to deceive or trick Users of the Site and Services;
  13. It does not include private information of any third party including, but not limited to, email address, postal address, phone number, Social Security number, and credit card number; and
  14. There is no viruses, corrupted data, or other disruptive, harmful, or destructive files or code, script, or other software designed to automate any functionality on the Site and Services without the Company’s express written consent.
 

The Company takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored, or made available via the Site and Services. The Company will not be liable for any mistakes, omissions, slander, falsehoods, defamation, libel, obscenity, pornography, or profanity you may encounter through the Site and Services. Your use of the Site and Services, including any User Areas, is at your own risk.

9c. Enforcement. The enforcement of conduct rules of User Content set forth in this Agreement is solely at the Company’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. The Company has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of the Site and Services, as determined by the Company in its sole discretion. We have the right to make all judgments concerning any of the above prohibitions in our sole, exclusive, and complete discretion. We reserve the right, also in our sole discretion, to determine whether and what action to take in response to any violation or potential violation of this Agreement, and any action or inaction in a particular instance shall not dictate or limit our response to a future complaint or situation. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site and Services will not contain any content that is prohibited by these rules.

Some User Content available through the Site and Services may contain links to other websites, which are completely independent of the Company. The Company makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained on any such site. Following links to any other websites is at your own risk.

You acknowledge and accept that the Company may conduct an audit of all your records that pertain to the Site and Services, within the scope of the license granted herein electronically, remotely at any time with respect to information or records available to us based on your interaction with us, or in person, provided that we give you reasonable notice of said audit and conduct said audit during standard business hours or as otherwise agreed to by you and the Company.

9d. Posting Agents. A “Posting Agent” is a third-party agent, service, or intermediary that offers to post User Content to the Site on behalf of others. To moderate demands on the Company’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from the Company. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Site to facilitate posting User Content on behalf of others, except with express permission or license from the Company.

If you request the assistance of the Company to post User Content, or if you imply consent that the Company may post User Content on your behalf, either by written or oral means, or you fail to inform the Company that certain User Content should be removed, you are equally responsible for the User Content and you will indemnify the Company for all claims resulting from User Content you supply.

10. Links to Third-Party Sites

10a. For Users. The Company may provide third-party content via the Site and Services and may provide links to webpages, products or services, directories, information and databases, applications, servers, networks, systems, software, programs, and the Internet as a whole, and any other content of Service Providers and other third parties (collectively, “Third-Party Content”) as a service to those interested in this information and as a matter of convenience. Service Providers, other third parties, and other suppliers are not the Company’s agents or employees.

The Company undertakes no responsibility to review or update any Third-Party Content and is not responsible or liable for the errors, omissions, acts, representations, warranties, breaches, or negligence of any of these Service Providers, other third parties, any Third-Party Content or other suppliers for any property damage, loss, personal injuries, death, theft, or other damages or expenses. The Company does not control, adopt, or endorse any Third-Party Content and makes no representation or warranties of any kind regarding Third-Party Content including, but not limited to, its accuracy, quality, safety, legality, or completeness.

Your interactions with organizations and/or individuals found on or through the Site and Services are solely between you and such organizations and/or individuals. Users can access Third-Party Content at their own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any Service Provider or third parties.

If there is a dispute between Users of the Site and Services, or between Users and any Service Provider or third-party, you understand and agree that the Company is under no obligation to become involved.

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY, YOU HEREBY RELEASE THE COMPANY, ITS OFFICERS, AGENTS, EMPLOYEES, AND SUCCESSORS IN RIGHTS FROM ALL CLAIMS, DEMANDS, AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN OR UNKNOWN, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND THE SERVICES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, AND ANY SIMILAR PROVISION OF THE LAW OF ANY OTHER JURISDICTION, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

10b. For Third Parties. Unless otherwise set forth in a written agreement between the Company and you, all Service Providers and third parties must adhere to the Company’s linking policy as follows:

  1. The position, appearance, and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Company’s names and trademarks;
  2. The link must “point” to the root domain name of the Site and not to other pages within the Site;
  3. The position, appearance, and other attributes of the link may not create the false appearance that your organization or entity is affiliated with, associated with, or sponsored by the Company;
  4. The link must display the Site on full-screen when clicked on by a User, and not within a “frame” on the linking website; and
  5. The Company reserves the right to revoke its consent to the link in its sole discretion and at any time.
 

11. Information and Press Releases

The Site may contain information and press releases about the Company. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.

12. Digital Millennium Copyright Act (DMCA) Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Site and Services, please notify the Company’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA).

For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim is being infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Site and Services;
  4. Information reasonably sufficient to permit the Company to contact you, such as your address, phone number, and email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
 

Promptly after receipt of a valid removal notification, we will remove or disable access to the allegedly infringing content. We will also notify the party that posted it of your claim that the material is infringing and will give that party an opportunity to send us a written counter-notification, which may result in us reposting the content if we believe that it is not infringing.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site and Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Any DMCA requests and any other requests for technical support, comments, feedback, or other communications should be directed to: info@FitProSvs.com.

13. Product Descriptions and Content

The Company attempts to be as accurate as possible with regards to the Content on the Site and Services. If you have reason to believe that Sessions you purchased through the Site and Services does not meet the claims advertised within the Site and Services, you must contact the Company immediately, and in any case no later than three (3) business days following the Session date. If you fail to contact us within this period, it may affect our ability to investigate and resolve your claim.

While the Company strives to keep the Content accurate, complete, and up to date, we cannot and do not guarantee, and are not responsible for the accuracy, completeness, or timeliness of any Content, whether provided by us or our affiliates or by Users. The Company does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or made available through the Services. Any opinions, advice, statements, or other information expressed or made available by Users or third parties are those of the respective User or other third party and not of the Company. We do not endorse and are not responsible for the accuracy or reliability of any statement, opinion, or advice made on the Site and Services.

14. Purchasing Services

All Services of any type purchased by Clients must be paid in advance. Payments must be received at least 2 days in advance before the Service Provider begins offering Services in order to give the Service Provider proper time to prepare for the Services. If the Company is unable to collect payment from the Client at least 2 days in advance of any scheduled Services, we reserve the right to reschedule the Services or release the time slot to other Clients.

When you purchase services using the Site and Services, you are representing the following:

  1. Any payment information you supply is accurate, true, current, and complete;
  2. You must be at least 18 years of age to purchase Sessions. By purchasing Sessions with the Company, you represent that you are 18 years of age or older;
  3. You agree that the Company or our Payment Processors are authorized to charge you;
  4. You agree that you are liable to pay all fees or charges incurred by your account, including applicable taxes, in accordance with the Agreement and the billing terms that are in effect at the time that such fee or charge becomes payable;
  5. That you are an authorized user of the chosen method of payment used to pay all fees you incur;
  6. Charges incurred by you will be honored by your credit card company or bank;
  7. You will pay the posted price for the Sessions, even if you are unable to attend that Session; 
  8. If the credit or charge card you provide expires (or is stolen), you agree to immediately provide updated payment information. If you do not provide new credit or charge card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected fees;
  9. All overdue fees shall accrue interest at the rate of 10% per annum, or at the highest legal interest rate, if less, and you shall reimburse the Company for all expenses (including reasonable attorneys’ fees) incurred by the Company to collect any amount that is not paid when due; and
  10. You agree that the Company reserves the right to charge any renewal card or payment method issued to you to the same extent as the expired or terminated card or payment method.
 

14a. Applicable Taxes and Additional Charges. Prices (if any) indicated on each Services page are exclusive of applicable taxes. You are responsible for paying the Service Provider or third-party directly for any additional services or charges you incur once you are at the Session. You take full responsibility for all taxes and fees of any nature associated with the Site and Services and purchase of Sessions, including any sales tax related to any purchase or sale of Services or Sessions under this Agreement. When purchasing or selling Services or goods under the Agreement, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority. Any tools provided as materials or in connection with the Service indicating estimated taxes due are for illustration purposes only. All prices are in U.S. Dollars.

14b. Fees and Payments. Current pricing for the Services and Sessions will be made available to you at or prior to the time you elect to purchase Sessions via the Site or Service or, if applicable, through an online or printed order form to be executed by you.

Prices are subject to change. The Company reserve the right to modify our billing rates at any time upon 30 days written notice by posting such fee changes to the Site and Services or through email notification to you. All Clients are liable to pay such modified billing rates.

14c. Payment Processing. The Company does not process payments on its own. The payment services that facilitate payments in connection with the Agreement are provided by WooPayments, Stripe Payments, PayPal and their respective affiliates (collectively, “Payment Processors”). Note that accepted payment method(s) may vary depending on the Payment Processors. You are required to provide your credit card or bank account details to the Company when registering for an account. By doing so, you authorize the Company to provide this information to the Payment Processors. You acknowledge and agree that each Payment Processor’s terms and policies will govern your agreement and interactions with that specific Payment Processor and that our Agreement does not govern with regard to the processing of your payment by any of the Payment Processors, and that we have no liability arising from your use of or access to any Payment Processor’s services. We are not responsible for any errors by any Payment Processor. You should review the applicable terms and policies of each Payment Processor on the following websites:

  1. WooPayments by WooCommerce: https://automattic.com/privacy/
  2. Stripe Payments: https://stripe.com/privacy/
  3. PayPal: https://paypal.com/us/legalhub/privacy-full

 

To ensure that your credit or debit card is not being used without your consent, the Company (or our authorized Payment Processors or affiliates) may validate your name, address, and certain other information supplied by you in placing the order. The Company reserves the right to implement any additional or other payment security system from time to time.

14d. Term and Renewal. Subject to your payment of applicable fees, the Company will provide the Services to you for the period of time that you have paid for such Services or until your Services are redeemed or expire (“Renewal Period”). At the end of the Renewal Period, your Services will automatically renew for an additional Renewal Period until explicitly cancelled by you as described in Section 15 – Termination below. You acknowledge that the amount billed for each Renewal Period may vary due to promotional offers, changes in the Sessions, Services, or the Site, changes to our standard pricing, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.

At the beginning of each Renewal Period, the Company and Payment Processors will make attempts to charge the applicable fee to the credit card, bank, or payment service on record, and if we are unable to process the payment due, the Sessions and Services, and your access to them, will be immediately disabled.

14e. Trial Period. From time to time and at our sole discretion, we may offer free or discounted pricing for you to evaluate the use of the Sessions and Services that are generally available to Clients for a limited period of time (“Trial”). If you register for the Trial, you may elect to purchase the full Sessions and Services within the term of the Trial period specified by us. Once the Trial period has expired, you agree that our normal billing rates will apply. You agree to comply with any additional terms, limitations, or restrictions we impose in connection with any Trial. You may not sign-up for multiple accounts in order to receive additional benefits under any Trial, as Trials are limited to once per User. We may terminate or suspend any Trial at any time without notice or liability and in our sole discretion. We reserve the right to charge or charge more for any Sessions or Services offered through any Trial.

14f. Money Back Guarantee. Our goal is that each Client has an unparalleled experience during their Services with the Service Provider of their choice. However, we do not offer money-back guarantees on our Services. If you have any issues with the quality of Services, please contact us to discuss how we can resolve the issue immediately for you. You can reach us at: info@FitProSvs.com. 

14g. Refunds. All fees paid for Services will be non-refundable, unless otherwise stated in writing for a specific promotional program. The Company will not offer refunds or credits for partial months of Service or partial use of Sessions or for periods in which your account remains open but you do not use the Services and Sessions.

For first-time Clients who have never previously bought Services from the Company, we will refund your payment if you provide us with a notice of cancellation at least 24 hours before your first scheduled service. 

No refunds or credits are given for missed services. Please contact us if you have any unfinished projects and we will do our best to connect you with a new Service Provider.

14h. Tardiness. Clients are expected to send all needed or requested materials in a timely manner for all Services.

14i. Ethics and Conduct. If the Service Provider is meeting with a Client who is a minor (under 18 years of age), the Client’s parent or guardian must be present for the duration of each meeting.

At the Company’s discretion, purchase requests for Sessions and Services will be processed, however, we reserve the right not to accept your purchase request at our sole discretion. In such case, we may inform you by email or via your user account.

15. Termination

This Agreement is effective until terminated. To request termination of your account, Sessions, or Renewal Period please email us with Subject Line “Terminate Account” at: info@FitProSvs.com. Requests to terminate User accounts will not be effective until acknowledged by the Company, but no more than 10 business days after the Company’s receipt of such termination request.

You are solely responsible for properly closing any User account or terminating any Renewal Period Agreement you may have with us if you no longer desire to pay for or use the relevant Sessions or Services. Written notice of termination by either you or us must be sent forty-eight (48) hours prior to your Renewal Period, or pursuant to the terms of any User account or Renewal Period, and such termination becomes effective at the end of the then-current Renewal Period.

If you breach any of the terms, provisions, or conditions of this Agreement or the Company discontinues the Site and Services, this Agreement will automatically terminate. In the event of the termination of this Agreement for any reason, the license granted to you in this Agreement will immediately terminate and you must immediately stop all use of the Site and Services. All of the sections of this Agreement that by their nature should survive termination will survive any termination of this Agreement. Any use of the Site and Services after termination is unlicensed and is in violation of the copyright and other rights of the Company. The Company reserves the right to take any further action, as allowed by applicable law.

The Company will in no way be liable to you for termination of your User account or your access to the Site and Services. If your access is terminated by us, you will not attempt to regain access to the Site or Services without prior written consent from us. In our sole discretion, we may retain Registration Information pursuant to our internal data retention policies or for archival, business, legal, or other reasons.

16. Violation of Terms and Liquidated Damages

The Company reserves the right to investigate complaints or reported violations of the Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Information, usage history, posted materials, IP addresses, and traffic information.

You further agree that if you violate any provisions of the Agreement, you will be jointly and severally liable to the Company for any and all losses or harm, including liquidated damages, which you accept as reasonable estimates of the Company’s damages for the specified breaches as follows, for:

  1. Publishing, disseminating, impersonating, or misusing personal or identifying information of any User or other third party in connection with your use of the Site and Services, without that party’s express written consent – $600 per violation;
  2. Sending an unauthorized or unsolicited email to an email address obtained from the Site and Services – $50 per violation;
  3. Sending an unauthorized or unsolicited text or facsimile message, or making an unauthorized or unsolicited call to another User – $600 per text, call, or communication;
  4. Aggregating, copying, duplicating, reproducing, displaying, distributing, or exploiting Content from the Site and Services without the Company’s express written consent – $1,500 for each day you engage in such violations;
  5. If the Company establishes limits on the frequency with which you may access the Site and Services, or terminates your access to or use of the Site and Services, you agree to pay the Company one hundred and fifty dollars ($150) for each message posted in excess of such limits or for each day on which you access the Site and Services in excess of such limits, whichever is higher; and
  6. If you post User Content in violation of the Agreement, you agree to pay the Company one hundred and fifty dollars ($150) for each item of User Content posted. In its sole discretion, the Company may elect to issue a warning before assessing damages.
 

In no event will the Company’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00.

You agree that these amounts are a reasonable estimate of the Company’s damages (as actual damages are often difficult to calculate); not a penalty; and do not otherwise limit the Company’s rights or ability to recover under any legal theory or claim, including for statutory damages and other equitable relief (such as for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute).

Please report any violations of the Agreement by sending an email to: info@FitProSvs.com.

Our failure to act with respect to a breach by any User or others does not waive our right to act with respect to subsequent or similar breaches.

17. Liability Limitations

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH:

  1. ANY USE OR MISUSE OF THE SERVICES, THE SITE OR THE CONTENT;
  2. ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE SITE FOR SESSIONS);
  3. THE PERFORMANCE OR NON-PERFORMANCE OF ANY SERVICE PROVIDER OR THIRD-PARTY IN CONNECTION WITH THE SITE AND SERVICES;
  4. ANY ERROR, OMISSION, INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICES;
  5. THE COST OF PROCUREMENT OF SUBSTITUTE SITE , SERVICES, OR ITEMS;
  6. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  7. THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE AND SERVICES; OR
  8. ANY OTHER MATTER RELATING TO THE SITE AND SERVICES.
 

IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD-PARTY DIRECTING USERS TO THE SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE SITE OR THE CONTENT. THE COMPANY IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED SERVICE PROVIDER OR THIRD-PARTY IN WHICH A USER HAS MADE A SESSION. ASIDE FROM THE SERVICES PROVIDED ON THE SITE.

THE COMPANY IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT WITH AN AFFILIATED SERVICE PROVIDER OR THIRD-PARTY.

YOU ACKNOWLEDGE AND ACCEPT THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND THE COMPANY AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOUR ACCESS TO THE SITE AND SERVICES WOULD BE SUBSTANTIALLY DIFFERENT. USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR SOLE RISK.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

THE COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR (OR TO ANY THIRD PARTY) USE OF THE SITE OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $25.

18. Disclaimer of Warranty

YOU AGREE THAT THE USE OF THE SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE CONTENT, ARE PROVIDED TO USERS ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SITE, THE SERVICES, THE CONTENT, AND RELATED MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING.

THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

THE COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE AND SERVICES. THE COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE AND SERVICES OR ACCESSED THROUGH ANY LINKS FROM THE COMPANY OR SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY THROUGH THE SITE AND SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT.

THE COMPANY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE AND SERVICES.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

19. Indemnification

You will defend, indemnify, and hold the Company, our Service Providers, licensees, consultants, affiliates, distributors, and their respective employees, officers, directors, and agents, harmless from and against any and all actual or threatened third-party suits, actions, proceedings (at law or in equity), claims, payments, liabilities, deficiencies, fines, damages, settlements, judgments, losses, costs, and expenses (including, but not limited to, reasonable attorney fees, penalties, costs, interest, and disbursements) caused by, arising out of, resulting from, attributable to, or in any way incidental to:

  1. Your conduct, your use of the Site and Services, or your activities in connection with the Site and Services;
  2. Your violation claim, suit, action, demand, or proceeding arising out of any breach of this Agreement or your violation of the rights of any third party; and
  3. Any User Content you share, message, including any allegation that any information, or material that you make available or create through the Site and Services infringes upon or otherwise violates the copyright, trade secret, privacy right, trademark, or other intellectual property right or other right of any third party.
 

We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such an event, you agree to cooperate with us in defending such action. Your defense, indemnification, and hold harmless obligations will survive the termination of your use of the Site and Services or this Agreement.

In no event will the Company’s liability to you for any reason whatsoever exceed in aggregate the sum of $25.

20. No Assignment

The Agreement and the rights granted and obligations undertaken hereunder may not be assigned, transferred, sublicensed, or delegated in any manner by the User, but may be so assigned, transferred, sublicensed, or delegated by the Company.

21. Severability

If any of the provisions, or portions thereof, of the Agreement are found to be invalid or unenforceable under any applicable statute or rule of law, then, that provision notwithstanding, the Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

22. Waiver

Any waiver of any provision of the Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

23. Arbitration

You acknowledge and accept that any and all claims, controversies, demands, counts, disputes, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the claims, controversies, demands, counts, disputes, or causes of action) between you and the Company or the Company’s agents, successors, employees, or assigns, shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any State arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by the Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).

YOU ARE THUS GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

YOU ARE CONSENTING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

YOU HEREBY EXPRESSLY CONSENT TO GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.

YOU HEREBY EXPRESSLY CONSENT TO GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

The Company and you must abide by the following rules: (I) ANY CLAIMS BROUGHT BY THE COMPANY OR YOU MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (II) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (III) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (IV) the Company also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (V) the arbitrator shall honor claims of privilege and privacy recognized at law; (VI) the arbitration shall be confidential, and neither you nor the Company may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (VII) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (VIII) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.

Notwithstanding the foregoing, either the Company or you may bring an individual action in small claims court. The claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s trademark, patent, copyright, or trade secret shall not be subject to this arbitration agreement. Any such claims shall be exclusively brought in the State or Federal courts located in Palm Beach County, Florida. In addition, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the State or Federal courts located in Palm Beach County, Florida in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Palm Beach County, Florida for such purpose. Any request for interim measures shall not be deemed a waiver of the right to arbitrate.

With the exception of subparts (I) and (II) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the remainder of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable, invalid, illegal, or conflicting provision were not contained herein. If, however, either subpart (I) or (II) is found to be unenforceable, invalid, or illegal, then the entirety of this arbitration provision shall be null and void, and neither the Company nor you shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in State or Federal court located in Palm Beach County, Florida.

Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. The parties acknowledge and accept that they will not appeal any arbitration decision to any court.

You acknowledge and accept that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site and Services or the Agreement must be filed within twelve (12) months after such claim or cause of action arose or be forever barred.

More information on AAA, its Rules and Procedures, and how to file an arbitration claim, can be obtained by calling AAA at 800-778-7879 or visiting the AAA website at: http://www.adr.org.

24. Choice of Law

The Agreement and any dispute, legal suit, action, proceeding, or claim arising out of or related to the Agreement, the Privacy Policy, the Site, or the Services shall be governed by, construed, and instituted exclusively in accordance with the laws of Palm Beach County, Florida by their Federal or State courts.

You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Users who choose to access the Site and Services from locations outside of Palm Beach County, Florida do so on their own initiative, contrary to the terms of the Agreement, and shall be fully responsible for compliance with local laws (if and to the extent local laws are applicable).

25. Notice for California Residents

Under California Civil Code Section 1789.3, California Users are entitled to specific consumer rights and

may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at: (800) 952-5210. 

26. General Provisions

The Agreement, the Privacy Policy, along with any separate terms to which you agree when using the Site and Services constitute the sole and entire agreement between you and the Company with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, whether written, electronic, or oral, regarding such subject matter.

27. Electronic Signatures, Communications, and Transactions

The Agreement is an electronic contract that governs your use of and access to the Site and Services. Upon agreeing to the Agreement when entering your Registration Information or Purchase/Book sessions, you acknowledge and accept to be legally bound by the Agreement. Visiting our Sites and checking the box  on the purchase pages creates an electronic signature that has the same legal force and effect as a handwritten signature.

Visiting the Site and Services, sending the Company emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, disclosures, notices, and other communications we provide to you electronically, via email and on the Site and Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, ORDERS, CONTRACTS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF POLICIES, NOTICES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY THE COMPANY OR VIA THE SITE AND SERVICES. You hereby waive any rights or requirements under any statutes, ordinances, regulations, rules, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Questions and Comments

We welcome your questions, concerns, feedback, and comments.

Feel free to contact us at: info@FitProSvs.com.