Terms and Conditions of Usage
Thank you for visiting our website. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.
We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.
on this website.
HEALTH DISCLAIMER IS PART OF THESE TERMS AND CONDITIONS.
Our health disclaimer is part of, and subject to, these terms and conditions of use. You may view our
on this website.
COMPENSATION DISCLOSURE IS PART OF THESE TERMS AND CONDITIONS.
Any material connection that we have with a third party provider of goods or services mentioned on www.fitfinally.com and/or from Fit Finally LLC are explained in our Compensation Disclosure. This policy is incorporated by reference into these
. You should read the policy to fully understand the meaning of our relationships with third party vendors and how it may affect the content found on www.fitfinally.com
ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS.
Our anti-Spam policy is part of, and subject to, these terms and conditions of use. You may view our anti-Spam policy on this website.
MODIFICATIONS AND TERMINATIONS.
These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website. We may terminate these terms and conditions of use for any reason and at any time without notice to you. If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to betty [at] fitfinally.com, and providing us with information relating to your concern.
You understand and agree that your use of our website is limited and non-exclusive as a revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail from our
. If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail at our
, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
DISCLAIMERS AND LIMITATIONS OF LIABILITY.
The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchant ability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected. Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information. If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site. Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
OBSCENE AND OFFENSIVE CONTENT.
We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail from our
so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.
COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION.
You agree to obey all applicable laws while using our website. You agree that the laws of CO govern these terms and conditions of use without regard to conflicts of laws provisions. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Manchester, VT, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
SEVERABILITY OF THESE TERMS AND CONDITIONS.
If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
HOW TO CONTACT US.
Any questions or concerns about these terms and conditions of use should be brought to our attention by our
. You may also mail your concerns to us at the following address:
Fit Finally LLC
2785 N Speer Blvd
Denver, CO 80211, USA
These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website. These terms and conditions were last updated on 11-07-2011.
The total price of the Fit Finally Program depends on which options are selected during the purchase process. There will be a one-time payment for each product selected, as will be clearly stated from the purchase page.
You have a full 60 days to try Fit Finally and related products unless stated otherwise. If for any reason during the 60 day refund period you are dissatisfied with Fit Finally and related products, simply submit a request on the
to cancel. The owner will process the return and accounts will be credited within 5-7 business days. All sales after the 60 Day refund period are final.
Users are required to provide an email address to receive the e-course. E-course will be delivered via email to the user once a day following sign up.
YOUR CONTENT AND CONDUCT.
As a Fit Finally member you may submit content to the site, including photos and user comments. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on Fit Finally. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit. You agree that content you submit to Fit Finally will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Fit Finally all of the license rights granted herein. Fit Finally does not endorse any content submitted to Fit Finally by any user or other licensor. Fit Finally does not permit copyright infringing activities and infringement of intellectual property rights on the website, and Fit Finally will remove all content if properly notified that such content infringes on another’s intellectual property rights. You also affirm, represent, and warrant that your participation on this site and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. Fit Finally reserves the right to make the final decision regarding what is appropriate. Fit Finally further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
ABILITY TO ACCEPT TERMS AND CONDITIONS.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
Last Updated: January 16, 2015
Copyright 2015 All rights reserved.