TERMS AND CONDITIONS SERVICE AGREEMENT

These Terms and Conditions of Use (“Terms of Use”) contain disclaimers of warranties, disclaimers of liability, and a binding arbitration clause and class action waiver.  Please read them carefully.

 

WAIVER OF LIABILITY

 

I hereby understand and acknowledge that all content regarding exercise videos, facts for life and motivational messages created by Fit Not Quit, Inc. may not be suitable for my health needs and may expose me to many inherent risks, including accidents, injury, illness or even death. I assume ALL risk of injuries associated with the content of my chosen subscription package.

 

I understand that the exercise programs, nutritional tips, health tips, daily living skills tips, and all other content distributed by Fit Not Quit, Inc. may be a risk to my health if not followed properly. I further understand that it is recommended by Fit Not Quit, Inc. that I consult with a physician prior to implementing any of the exercises, nutritional tips, health tips and daily living skills tips. I understand that neither Fit Not Quit, Inc. nor the advice of any member of Fit Not Quit, Inc. is a substitute for medical advice.

 

I hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with the content of the subscription package I have chosen with a physician. I acknowledge that I am physically and mentally fit and capable of performing the physical activity I choose to participate in.

Copyright, Ownership and Restrictions on Use of Materials

All materials contained on the Services are the property of Fit Not Quit, Inc. All exercise videos and content in the Facts For Life and Motivational Message subscription packages are proprietary to Fit Not Quit, Inc.

No materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the express written permission of Fit Not Quit, Inc.

Anyone who displays, reproduces, copies, creates derivative works or sells our textual, photographic, video or audiovisual programs for commercial or non-commercial purposes without permission from Fit Not Quit, Inc. violates the copyright laws and is liable for copyright infringement. Any person who uses Fit Not Quit Incorporated’s marks or any similar marks in such a way that it dilutes the distinctive quality of Fit Not Quit Incorporated's marks or that creates a likelihood of confusion with Fit Not Quit Incorporated's marks for commercial purposes without Fit Not Quit Incorporated's permission on goods or for services is liable for trademark infringement.

If you download software or applications from the Services, the software or applications, including any files, images incorporated in or generated by the software or applications, and data and instructions accompanying the software or applications (collectively, the "Software") are licensed to you by Fit Not Quit, Inc. for your personal, non-commercial home use only. Any commercial or public use, including but not limited to use in any commercial premises, of the Services, including but not limited to Fit Not Quit, Inc., and/or Software, is strictly prohibited.

We do not transfer title to the Software to you, and Fit Not Quit, Inc. retains full and complete title to the Software and all intellectual property rights in the Software. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce any of the Software to readable form.

REGISTRATION AND PAYMENT FOR YOUR FIT NOT QUIT, INC. SUBSCRIPTION

Registration Process

Users may register for a subscription to Fit Not Quit, Inc, here. By registering for a subscription to Fit Not Quit, Inc., you warrant that (1) you are at least 18 years of age or the age of majority, where older under local law, (2) all information you provided during the registration process is true and accurate, (3) you will not permit third parties to access your account information, or to otherwise assign or transfer your rights to the Services, (4) you are the cardholder of any credit or debit you provide to us, or the account holder of any Stripe account you provide to us and (5) you will provide us with a current, valid and accepted method of payment, currently credit card, debit card, Stripe account and, in select countries. You are responsible for maintaining the confidentiality of your registration and login information.  You are responsible for all charges incurred during your use of Fit Not Quit, Inc. and the related services, including any charges incurred on your account by other parties. PLEASE NOTE THAT SUCCESSFUL REGISTRATION FOR A SUBSCRIPTION TO FIT NOT QUIT, INC. IS SUBJECT TO OUR ACCEPTANCE AND CONFIRMATION TO YOU, WHICH MAY BE GIVEN OR REFUSED IN OUR SOLE DISCRETION.

Month-to-Month Recurring Subscription

All subscriptions are on a month-to-month recurring basis (except for the 12 Month Subscription described below), beginning on the date we confirm that we have accepted your order for your Fit Not Quit, Inc. subscription and continuing for recurring one (1) month periods from the date on which you make your first payment for your subscription to Fit Not Quit, Inc. unless and until you cancel your membership or we terminate it (in each case in accordance with these Terms of Use). If you purchase a Month-to-Month Recurring Subscription, then each month of your subscription beginning on the date on which your first payment is payable to us, we will charge your Payment Method and you authorize us to collect the applicable subscription payment and applicable taxes (if any).  You can cancel your subscription at any time, but you must cancel your subscription before it renews for a subsequent month in order to avoid being charged for the subsequent month’s subscription fees.  UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE MONTHLY PERIOD THAT YOU WISH TO CANCEL YOUR SUBSCRIPTION, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE FOR SUCCESSIVE ONE (1) MONTH PERIODS AND YOU AUTHORIZE US TO COLLECT THE APPLICABLE SUBSCRIPTION PAYMENT AND APPLICABLE TAXES.

12 Month Subscription

The 12 Month Subscription may be purchased for yourself or used as a gift for someone else and grants the recipient access to the Fit Not Quit, Inc. subscription package, beginning on the date the recipient registers for the paid subscription and ending 12 months thereafter. THIS IS A 12 MONTH FIXED TERM CONTRACT WHICH IS PAID FOR IN FULL IN ADVANCE. IN CONTRAST TO A MONTH-TO-MONTH RECURRING SUBSCRIPTION, IT CANNOT BE CANCELLED WITHOUT CAUSE DURING THE 12-MONTH TERM.

Free Trials

Access to Fit Not Quit Inc. may be made available to you for free for a limited time (a “Trial Subscription”). Trial Subscriptions are for our “Standard Package” only. Fit Not Quit, Inc. reserves the right, in its absolute discretion, to determine your Trial Subscription eligibility. All of the Terms of Use apply to Trial Subscriptions and such Trial Subscription does not decrease the minimum subscription commitments of a paid subscription. (accordingly, by way of example, if your Trial Subscription is for 30 days and upon expiry of that period it then, in accordance with the relevant promotion (and these Terms of Use), converts to a paid Month-to-Month Recurring Subscription, your minimum paid subscription period would be one month from the date on which your paid subscription started (and not one month from the date on which your Trial Subscription started)). If you register for a Trial Subscription, please carefully review the conditions of the Trial Subscription.  In some cases, users agree to subscribe to a Fit Not Quit, Inc. subscription package on a paid basis at the end of their Trial Subscription, unless they cancel the service before the Trial Subscription ends.  If we ask for your Payment Method for a Trial Subscription and you do not affirmatively cancel the Service before your Trial Subscription ends, then your Payment Method will be processed and your subscription will be converted into a paid subscription, subject to all Terms of Use, including any automatic renewal and/or recurring subscription terms detailed above.  Your paid subscription will be treated as starting on the date on which your Trial Subscription was converted to a paid subscription.  It is very important to understand that you will not receive a notice from us that your Trial Subscription has ended or that your paid subscription has begun.  IF YOU DO NOT WANT YOUR TRIAL SUBSCRIPTION CONVERTED INTO A PAID SUBSCRIPTION, YOU MUST CANCEL YOUR SERVICE BEFORE THE END OF YOUR TRIAL SUBSCRIPTION BY CLICKING “CANCEL MEMBERSHIP” IN THE BILLING INFORMATION SECTION OF YOUR FIT NOT QUIT, INC. ACCOUNT

Discontinuation of the FIT NOT QUIT service

If we discontinue the Fit Not Quit, Inc. website, then we (i) will notify you by email, at the email address you provide to us during registration,(ii) may provide you with information about similar or new Services, and (iii) reserve the right to cancel the applicable service. We will give you at least one month’s notice of a discontinuation of the Fit Not Quit service. For Month-to-Month Recurring Subscriptions, we will not take payment from you for the month in which the discontinuation is effective (or thereafter). For a 12 Month Subscription, you will be entitled to a partial refund in respect of the unexpired part of the relevant 12 month period following the date of discontinuation.

Billing Information

Should you register for a Month-to-Month Subscription, we automatically bill your Payment Method each month, on the calendar day corresponding to the commencement of your paid subscription (which may be later than the date on which we confirm acceptance of your order).  Should you purchase a 12 Month Subscription, we bill your Payment Method once in full on the date on which you made your order (and which may be later than the date on which we confirm acceptance of your order).  Our billing services may be provided by “Stripe” and payments for Fit Not Quit, Inc. may appear on a user’s bill as being charged to Fit Not Quit, or to another related vendor we use for this purpose.  As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment collection, as applicable, against your Payment Method.

Cancellation/Refund Policy

You may only cancel your Fit Not Quit, Inc. subscription in accordance with these Terms of Use.  To cancel your subscription, you may click “Cancel membership” in the Billing Information section of your Fit Not Quit, Inc. account. Cancellations will only be effective at the end of each subscription period. Except only as otherwise expressly set out in these Terms of Use, SUBSCRIPTION FEES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS, PARTIAL REFUNDS OR CREDITS FOR SUBSCRIPTIONS OR PARTIAL SUBSCRIPTION PERIODS. This means that you will have continued access to the Fit Not Quit, Inc. subscription package for the remainder of the current subscription period and will not receive a refund.

Access to Services

Access to a Fit Not Quit, Inc. subscription package is subject to approval of your Payment Method information and verification of other information you submit to us or that is otherwise provided to us. Accordingly, if your payment (flat fee or monthly) cannot be processed for any reason, including because your Payment Method is no longer valid, we may terminate your access to your Fit Not Quit subscription package immediately. Although your Fit Not Quit subscription is accessible on a number of devices, your use is limited to one (1) device at any given time. IF YOU CIRCUMVENT OR ATTEMPT TO CIRCUMVENT ANY OF THE USE RESTRICTIONS IN THESE TERMS, YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND YOU MAY BE SUBJECT TO LEGAL ACTION. SHARING OF LOGIN INFORMATION, INCLUDING PASSWORDS, IS STRICTLY FORBIDDEN.

TERMINATION

We may terminate your access to the Services immediately and without notice if in our sole discretion you fail to comply with any term or provision of these Terms of Use or any other term or condition of use posted on the Services. Upon termination of your use of the Services, you must cease use of the Services.

Fit Not Quit, Inc. may terminate your status as a Registered user and delete any fitnotquit.com participation at any time, for any or no reason, with or without prior notice or explanation, without liability, and these Terms of Use will remain in effect. If you have any problems with the Services or your use of the Services or with these Terms of Use, your sole and exclusive remedy is to cease using the Services.

In addition, for Month-to-Month Recurring Subscriptions, in addition to our rights to terminate your subscription in the circumstances set out above, we may also cancel your subscription by notice to you at any time (without cause and without liability) provided that any such termination shall not take effect until the end of the then current subscription month (and we will not take any payment from you in respect of the subsequent month (or thereafter).

GENERAL PROVISIONS

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use. These Terms of Use constitute the entire agreement between us relating to your use of the Services.  The failure of Fit Not Quit, Inc. to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

AFFILIATE WEBSITES

In no event will Fit Not Quit, Inc. be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data with the use of this website. Through the Fit Not Quit, Inc. website the user is able to link to other affiliate websites which are not under the control of fitnotquit.com. We have no control over the nature; content and availability of those affiliate sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views or products expressed within them. Fit Not Quit, Inc. has financial relationships with some of the affiliate companies shown on the fitnotquit.com website, and Fit Not Quit, Inc. may be compensated if the consumer chooses to purchase any products from these links. The user must deal directly with the affiliate company/website in regards to claims, refunds or any other issues from dealings with that particular company/website.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe your work has been copied and posted on or through these Services in a way that constitutes copyright infringement, please send Fit Not Quit's Copyright Agent a notification of claimed infringement with all of the following information:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (providing the URL(s) of the claimed infringing material satisfies this requirement);

(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and

(f) your physical or electronic signature.

We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of Users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate Memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

MOBILE SERVICES

Fit Not Quit, Inc. may make certain features of the Services available via your mobile phone.  In addition to any charges disclosed to you by Fit Not Quit, Inc., your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain features or products may be prohibited or restricted by your carrier. Not all products and features will work with all carriers or devices. Therefore, you should check with your carrier to find out if the product or feature that you are interested in is available for your mobile devices, and what restrictions, if any, may be applicable to your use of such products or features. By using the product or feature provided by Fit Not Quit, Inc. or a Fit Not Quit, Inc. affiliate, you agree that Fit Not Quit, Inc. may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the product and feature may be communicated to us.

I have read and understood the Fit Not Quit, Inc. Terms and Conditions of Service Agreement. After having read this agreement and knowing these facts, and in consideration of acceptance of my participation in the subscription package I have chosen on the Fit Not Quit, Inc. website I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE AND RELEASE Fit Not Quit, Inc., its officers, agents, employees, organizers, contracted therapists, representatives, and successors from any responsibility, liabilities, demands, or claims of any kind arising out of my participation in the Fit Not Quit Inc. training, programs and/or events.

By clicking on the box below I indicate that I have read and understand this Waiver of Liability and Terms and Conditions of Service Agreement. I am aware that this is a waiver and a release of liability and I voluntarily agree to its terms.

 

 

 

 

 

 

 

 

 

 

 

 

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