TERMS OF SERVICE
YOU MUST BE 18 YEARS OF AGE OR OLDER TO USE THE SITE. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT ELIGIBLE TO USE THE SITE AND MUST NOT ATTEMPT TO REGISTER WITH THE SITE.
These Terms were last updated on January 1, 2017
1. Important Disclaimer.
THE INFORMATION PROVIDED THROUGH THIS SITE OR SENT TO YOU BY A YOUR FIT BODY NOW TRAINER IS INTENDED TO ASSIST YOU IN YOUR FITNESS EFFORTS. ALL INFORMATION IS OF A GENERAL NATURE AND IS FURNISHED FOR EDUCATIONAL PURPOSES ONLY. YOU AGREE AND ACKNOWLEDGE THAT YOUR FIT BODY NOW IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL. THE INFORMATION PROVIDED THROUGH THIS SITE IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING, OR THE PROFESSIONAL ADVICE OF YOUR PERSONAL PHYSICIAN. BEFORE YOU BEGIN ANY FITNESS OR NUTRITION PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE FITNESS OR NUTRITION PROGRAM IS RIGHT FOR YOUR NEEDS. DO NOT START A FITNESS OR NUTRITION PROGRAM IF YOUR PHYSICIAN ADVISES AGAINST IT. PLEASE NOTE THAT THE SITE’S TRAINERS, AFFILIATES OR EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ ON THIS SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY THE SITE’S TRAINERS, AFFILIATES OR EMPLOYEES SHOULD BE CONSTRUED AS SUCH. ALTHOUGH YOUR FIT BODY NOW AND THE SITE’S TRAINERS, AFFILIATES AND EMPLOYEES MAKES AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, YOUR FIT BODY NOW DISCLAIMS ANY IMPLIED GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THIS SITE OR SENT TO YOU BY A YOUR FIT BODY NOW TRAINER OR THE SITE. FOR EXAMPLE, HEALTH, DIET & FITNESS ADVICE IS OFTEN SUBJECT TO UPDATING AND REFINING DUE TO MEDICAL RESEARCH AND DEVELOPMENTS. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION PROVIDED THROUGH THIS SITE WILL REFLECT THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS. THE SITE IS NOT INTENDED FOR USE BY MINORS OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION. SUCH INDIVIDUALS ARE SPECIFICALLY ADVISED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY FITNESS OR NUTRITION EFFORT OR PROGRAM.
Some of our features, such as the ability to receive a fitness or nutrition plan from a Trainer, require you to pay a subscription fee. You agree to pay the subscription fees and any other charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable, except in instances where we are unable or unwilling to provide the requested services. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance
4. Refund Policy.
Your Fit Body Now does not provide refunds.
All Your Fit Body Now orders, purchases, and/or subscription fees (including, but not limited to payments, memberships, merchandise, equipment, clothing and products) are non-refundable, non-transferable, and cannot be cancelled.
5. Term, Renewal, and Expiration.
Your subscription will renew automatically for consecutive periods of the same duration as the subscription term originally selected, unless we terminate it or you notify us by email at firstname.lastname@example.org, and/or through our system (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
6. Account Security.
You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. YOUR FIT BODY NOW will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
7. Limitations on Use.
YOUR FIT BODY NOW grants to you a limited personal, non-exclusive and non-transferable right and license to access the Site. Unless otherwise specified in writing, the Site is for your personal and non-commercial use. The Site including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans and programs and all other protectable intellectual property available through the Site (the “Proprietary Materials”) are the Site’s property or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by YOUR FIT BODY NOW. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials received through the Site to anyone. You agree not to rearrange, modify or create derivative works using the Proprietary Materials. You agree not to create, scrape or display our content for use on another web site or service. You agree not to post any content from the Site to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.
We reserve the right to terminate your Member status if you misuse the Site or violate these Terms including, without limitation, the following rules of conduct:
You may not:
Upload, post, transmit to other Members by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Impersonate any person or entity, including another Member, Trainer, or other employee of YOUR FIT BODY NOW, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
Upload, post, email, transmit to other Members by any means, or otherwise make available any content or materials that you do not have a right to make available under any law or under contractual or fiduciary relationships;
Upload, post, email, transmit to other Members by any means, or otherwise make available any content or materials that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, transmit to other Member by any means, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, email, transmit to other Members by any means, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Attempt to interfere with or disrupt our servers or networks;
“Stalk” or otherwise harass another; k. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including user names or passwords; or access or attempt to access another user’s account without his or her consent; and/or
Post, disseminate, transmit or otherwise distribute your personal data or plan data on any website or through other digital, electronic or printed forum.
YOUR FIT BODY NOW ENGAGES TRUSTED INDUSTRY PROFESSIONALS. WE DO NOT CONTROL ALL ASPECTS OF THEIR PROGRAM DELIVERY. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY A TRAINER ARE SOLELY ATTRIBUTABLE TO THE TRAINER- NOT YOUR FIT BODY NOW OR THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY A TRAINER ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK. BEFORE YOU BEGIN ANY FITNESS OR NUTRITION PROGRAMS, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE FITNESS OR NUTRITION PROGRAMS ARE RIGHT FOR YOUR NEEDS. YOUR FIT BODY NOW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY THE YOUR FIT BODY NOW TRAINERS AND/OR THE SERVICES PROVIDED BY SAID TRAINER OR BY THIRD PARTIES FEATURED ON THE SITE INCLUDING BUT NOT LIMITED TO, CELEBRITY TRAINERS. IN NO EVENT SHALL YOUR FIT BODY NOW BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A TRAINER OR COMMUNICATIONS OR MEETINGS BETWEEN TRAINERS AND MEMBERS OF OR ANY OTHER PERSONS YOU MEET THROUGH THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH TRAINERS, CELEBRITY TRAINERS, THIRD PARTIES AND OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. IN THE EVENT THE SITE CHOOSES TO PROMOTE THE SERVICES OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, A CELEBRITY TRAINER, YOU AGREE AND ACKNOWLEDGE THAT THE CELEBRITY TRAINER WILL NOT PERSONALLY BE PROVIDING THE FITNESS OR NUTRITION PROGRAMS, NOR COMMUNICATING WITH INDIVIDUAL MEMBERS DIRECTLY OR PERSONALLY.
10. Promotions and Offers.
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