Fit Healthy Simple, LLC. ("FHS,","Fit Healthy Simple", "we," or "us") is an online fitness service located at FitHealthySIMPLE.com (the "FHS Site" or "site"). By registering as a member or by using the Fit Healthy SIMPLE website and/or services in any way, you accept these Terms of Service ("Agreement" or "Terms"), which forms a binding agreement between you and Fit Healthy Simple.
Prior to using the Fit Healthy Simple service, it is important for you to know and understand that by visiting the Fit Healthy SIMPLE website and/or using the services, you are agreeing to accept certain liability limitations and legal and health disclaimers, which are further explained throughout this Agreement.
In other words, your use of the Fit Healthy Simple is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Fit Healthy SIMPLE service or your use of the service.
By using the Service, you consent to receiving this Agreement in electronic form.
To withdraw this consent, you must cease using the Service and terminate your account. Please contact us with any questions regarding this Agreement.
This is particularly true if you or your family have a history of high blood pressure or heart disease, or if you have ever experienced discomfort while exercising.
Nothing stated or posted on the Fit Healthy SIMPLE site is intended to be, and must not be taken to be, the practice of medical OR professional advice or care.
Your use of the Fit Healthy Simple website and/or services is at your own risk.
Fit Healthy Simple, , LLC, SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE Fit Healthy SIMPLE website and/or services.
AGE REQUIREMENT : You must be at least 18 years old to use the Fit Healthy Simple Service.
NOTICE TO PARENTS AND GUARDIANS : You are responsible for monitoring and supervising your child's use of Fit Healthy Simple. If your child is using Fit Healthy Simple without your express consent and is under 18, please contact us immediately so that we can disable his or her access.
In becoming a member of Fit Healthy SIMPLE with the intent of using the Fit Healthy SIMPLE Service, you affirm that either :
If applicable, you further affirm that either you are not pregnant OR that your physician has specifically approved your use of the Fit Healthy SIMPLE service.
Fit Healthy SIMPLE provides the Fit Healthy SIMPLE Service on an "as is" and "as available" basis.
Fit Healthy SIMPLE expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Fit Healthy SIMPLE makes no representations or warranties :
Fit Healthy SIMPLE reserves the right to modify the Fit Healthy SIMPLE service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Fit Healthy SIMPLE service. Fit Healthy SIMPLE has no obligation to screen or monitor any content and does not guarantee that any content made available on the Fit Healthy SIMPLE service complies with this Agreement or is suitable for all users. Fit Healthy SIMPLE, shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device.
To the extent that a secondary party may have access to or view Fit Healthy SIMPLE content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Fit Healthy SIMPLE service, and no warranties shall apply after such period.
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
The Fit Healthy SIMPLE coaching service is intended solely as a general fitness informational means. Fit Healthy Simple DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY A TRAINER/COACH CONSTITUTES QUALIFIED EXPERT ADVICE.
Fit Healthy SIMPLE takes care to instruct its coaches never, under any circumstance, to provide advice that could be construed as expert advice, and we in no way encourage or endorse such behavior from our coaches.
When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
REGISTRATION : To fully use the Fit Healthy SIMPLE service, you must register as a member by providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to Fit Healthy SIMPLE and notify us if your information changes.
USER NAME : You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
NON-COMMERCIAL USE : Use of the Fit Healthy SIMPLE website and service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as
ACCOUNT SECURITY : You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Fit Healthy SIMPLE service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at info@FitHealthySIMPLE.com.
The Fit Healthy SIMPLE Service is a paid, single transaction service.
Your Fit Healthy SIMPLE membership begins when you have completed the sign-up process (i.e., when we collect your personal and payment information).
These terms will always be disclosed on the payment screen at the time of Sign up, prior to our acceptance of payment.
The pricing of our services may change periodically. We cannot guarantee that the price of your subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.
If you wish to cancel your membership at any time, please email me at firstname.lastname@example.org and I will delete your account and access to your member portal and workouts.
There are no refunds on Fit Healthy SIMPLE subscriptions for billing periods that have already lapsed.
Authorization. When you sign up for our service and provide a payment method to Fit Healthy SIMPLE, LLC, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
Changes. Fit Healthy SIMPLE, LLC may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in Fit Healthy SIMPLE's sole discretion.
Fit Healthy SIMPLE, LLC may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.
TERM : This Agreement begins on the date you first use the Fit Healthy SIMPLE Service and continues as long as you have an account with us.
CANCELING YOUR SUBSCRIPTION : If you wish to cancel your membership at any time, please email me at email@example.com and I will delete your account and your access to your member portal and workouts.
REFUNDS : If at any time during the first 14 days from the date of sign up and payment, you wish to cancel you membership, for any reason, email me at firstname.lastname@example.org and I will refund you the price you paid at sign up. No refunds will be given for cancellations of membership after 14 days from date of sign up and payment.
ACCOUNT DELETION : You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from the Fit Healthy SIMPLE Service that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.
TERMINATION FOR BREACH : Fit Healthy SIMPLE may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Fit Healthy SIMPLE determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Fit Healthy SIMPLE's reputation or goodwill.
If Fit Healthy SIMPLE deletes your account for the foregoing reasons, you may not re-register for the Fit Healthy SIMPLE Service. Fit Healthy SIMPLE may block your email address and Internet protocol address to prevent further registration. Fit Healthy SIMPLE is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
EFFECT OF TERMINATION/ACCOUNT DELETION : Upon termination, all licenses granted by Fit Healthy SIMPLE will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Fit Healthy SIMPLE, LLC shall not be responsible for the loss of such content.
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that :
In using the Fit Healthy SIMPLE service and/or website, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to :
Fit Healthy SIMPLE has the right, but not the obligation, to monitor all conduct on and content submitted to the Fit Healthy SIMPLE service. Fit Healthy SIMPLE reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
Fit Healthy SIMPLE reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.
Your use of the website and service, including all content you post through the service, must comply with all applicable laws and regulations. You agree that Fit Healthy SIMPLE may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to :
As between you and Fit Healthy SIMPLE, you own all content that you submit to the Fit Healthy SIMPLE website or service, whether directly via the Fit Healthy SIMPLE service or indirectly (for example, via Instagram or Twitter).
However, it is important that you understand that by posting a submission to Fit Healthy SIMPLE, you are granting Fit Healthy SIMPLE & Fit Healthy Simple, LLC, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you.
You further grant all users of the Fit Healthy SIMPLE Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to Fit Healthy SIMPLE on improving or adding new features to the Fit Healthy SIMPLE Service, Fit Healthy SIMPLE shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that :
You agree to indemnify, defend, and hold harmless Fit Healthy SIMPLE, LLC and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney's fees) that :
LICENSE : Fit Healthy SIMPLE, LLC grants you a limited, non-exclusive license to access and use the Fit Healthy SIMPLE website and service for your own personal, non-commercial purposes. This includes the right to view content available on the Fit Healthy SIMPLE website and service. This license is personal to you and may not be assigned or sub-licensed to anyone else.
RESTRICTIONS : Except as expressly permitted by Fit Healthy SIMPLE, LLC in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Fit Healthy SIMPLE service. Nor will you take any measures to interfere with or damage the Fit Healthy SIMPLE service. All rights not expressly granted by Fit Healthy SIMPLE are reserved.
Certain links on the Fit Healthy SIMPLE website and/or the Fit Healthy SIMPLE service may let you leave the particular Fit Healthy SIMPLE site or Fit Healthy SIMPLE Service you are accessing in order to access a linked site (the "Linked Sites"). When you are linking to a third party site, it is important to know that Fit Healthy SIMPLE, LLC does not control these sites, nor has Fit Healthy SIMPLE, LLC reviewed or approved the content which appears on the linked sites.
Fit Healthy SIMPLE is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites.
You acknowledge and agree that Fit Healthy SIMPLE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.
More specifically, your participation, correspondence or business dealings with any third party found on or through the Fit Healthy SIMPLE sites and service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party.
You agree that Fit Healthy SIMPLE shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You acknowledge that the Fit Healthy SIMPLE site and services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "content") that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
All Fit Healthy SIMPLE-generated content and content developed for Fit Healthy SIMPLE by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Fit Healthy SIMPLE owns a copyright in the selection, coordination, arrangement and enhancement of all content in the Fit Healthy SIMPLE Site.
Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms.
Unless otherwise specified, modification of the content or use of the content for any other purpose, including use of any such content on any other website or networked computer environment is strictly prohibited.
The Fit Healthy SIMPLE name and logos are the exclusive property of Fit Healthy SIMPLE, LLC.
Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion.
Nothing contained on the Fit Healthy SIMPLE website, application or service should be construed as granting, by implication or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Fit Healthy SIMPLE owns and retains all proprietary rights in the Fit Healthy SIMPLE website and application and service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto.
You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Fit Healthy SIMPLE website, application or through the service, without first obtaining the prior written consent of the Fit Healthy SIMPLE, LLC, or, if such property is not owned by Fit Healthy SIMPLE, LLC, the owner of such intellectual property or proprietary rights.
You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Fit Healthy SIMPLE respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Fit Healthy SIMPLE site do not infringe any third party copyright.
Fit Healthy SIMPLE will promptly remove materials from the Fit Healthy SIMPLE website and application in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, Fit Healthy SIMPLE may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information :
Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.
In addition, please make sure that all of the information you provide is accurate.
UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
Fit Healthy SIMPLE may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information.
If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be binding arbitration administered by the American Arbitration Association.
The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Fit Healthy SIMPLE in a small-claims court of competent jurisdiction.
By using the Fit Healthy SIMPLE site or the service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Fit Healthy SIMPLE or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Fit Healthy SIMPLE (except for small-claims court actions) may be commenced only in the federal or state courts located in Florida, USA.
You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and Fit Healthy SIMPLE, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Headings are for convenience only and shall not be used to construe the terms of this agreement. If any term of this agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this agreement.
No failure or delay by Fit Healthy SIMPLE in exercising any right hereunder will waive any further exercise of that right. Fit Healthy SIMPLE's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES : This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Fit Healthy SIMPLE's prior written consent. No third party shall have any rights hereunder.
NOTICES : You consent to receive all communications including notices, agreements, disclosures, or other information from Fit Healthy SIMPLE electronically. Fit Healthy SIMPLE may provide all such communications by email or by posting them on the Fit Healthy SIMPLE Service.
Nothing herein shall limit Fit Healthy SIMPLE's right to object to subpoenas, claims, or other demands.
MODIFICATION : This Agreement may not be modified except by a revised Terms of Service posted by Fit Healthy SIMPLE on the Fit Healthy SIMPLE website or a written amendment signed by an authorized representative of Fit Healthy SIMPLE. A revised Terms of Service will be effective as of the date it is posted on the Fit Healthy SIMPLE website.
ENTIRE AGREEMENT : This Agreement incorporates the following documents by reference :
This Agreement constitutes the entire understanding between Fit Healthy SIMPLE and you concerning the subject matter hereof.
©2019 Fit Healthy Simple, LLC. All rights reserved.