Effective as of May 1, 2020
True Fit Training and Nutrition is a Site, Service, and App that provides suggested workout and nutrition programming. Personal trainers or business owners may also utilize True Fit for their clientele. The Site, Service, and App is intended to assist you in fitness goal and decision making from a higher level. The information and guidance you are provided is not a substitute for any medical or nutritional advise. You acknowledge that your personal needs are unique and that before implementation of any advice provided, you should obtain the advice of a medical professional, registered dietician, nutritionist, or other professional who is aware of your personal circumstances and current medical conditions.
Third parties or external trainers that use the True Fit Training and Nutrition Site, Service, and App are solely responsible for the responsiveness to their clientele. Should issues be brought to True Fit regarding responses, issues, or lack of customer service from third parties or external personal trainers, these issues will be forwarded to the appropriate third party or external trainer using the True Fit Site, Service, and App.
You must be at least eighteen years of age to use the Site, Service, or App. By agreeing to these Terms, you confirm that you are at least eighteen years of age, that you have not previously been removed from the Site, Service, or App, and that your use of the Site, Service, or App is in compliance with any and all applicable laws and regulations. If you are using the Site, Service, or App on behalf of a separate entity, organization, or company, you represent and acknowledge that you have the authority to bind to these Terms and you agree to be in compliance to these Terms on behalf of such entity, organization, or company.
Access to the Site, Service, or App may require you to pay fees. Before you pay any fees, you will have an opportunity to review the fees that you will be charged. All fees are in U.S. Dollars and are nonrefundable. True Fit may change the fees for the Site, Service, or App or any feature(s) at any time. You authorize us to charge the sums described to your indicated payment method. All payments will be scheduled on an automatic monthly payment plan.
To access the Service, you have to register for an account. When you register, certain information is required about you. You agree that the information is complete and accurate to the best of your ability. This information is to be maintained and kept up-to-date at all times. You will be asked to create a password upon account creation. It is your responsibility to maintain the confidentiality of your account and password. You are responsible and accept responsibility under these Terms for activities that occur under your account. If you believe that your account has been compromised and no longer secure, then you must notify us immediately at firstname.lastname@example.org.
True Fit utilizes electronic communications, such as e-mails, phone calls, or text messages to communicate with you. You consent to received communication from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirements that such communications be in writing.
Changes to the Terms
True Fit may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the changes are material, we will make reasonable efforts to post a prominent on the Site and notify you electronically. The updated Terms take effect immediately and apply to your use of the Site, Service, or App from the date it is made available. Your continued use of the Service after the updated Terms take effect indicate that you have read, understood, and agreed to those Terms.
All original content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, code, videos, and software is the property of True Fit or its suppliers and protected by international copyright laws.
True Fit’s name, logos, icons, and other trademarks may only be used with our permission and release. Contact us at email@example.com to inquire about use of our name, logos, icons, and other trademarks.
Other trademarks used on the Site are the registered trademarks of their respective owners. Those marks are used for referential purposes only and are not intended to suggest or imply any affiliation with or endorsement by their respective owners.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the True Fit.
We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that True Fit 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 or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Severability and Waiver
Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Mobile Device Usage
Use of the Site, Service, and App may be made available through a browser on a mobile device or through an application running on a mobile device. You are responsible for all costs incurred by usage on a mobile device in regards to your usage of the Site, Services, or App. This includes data usage fees and other telecommunication fees. You agree that if you do not accept certain options from our Site, Service, or App, such as text messaging, that certain portions of the Services may be unavailable to you. You may opt-out of text messages at any time.
You agree not to engage in any of the following activities:
Violating Laws and Rights. You may not use any Site, Service, or App for any illegal purpose or in violation of any local, state, national, or international laws. You may not violate nor encourage others to violate any right of or obligation to a third-party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
Solicitation. You may not use the Site, Service, or App or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
Disruption. You may not use the Site, Services, or App in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code. Or interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
Harming Others. You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive or privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You may not intimidate or harass another through the Services; and, you may not post or transmit any personal information about persons under 18 years of age on or through the Services without legal consent from a parent or legal guardian.
Impersonation or Unauthorized Access. You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Site, Service, or App. You may not use or attempt to use another’s account or personal information without authorization. You may not attempt to gain unauthorized access to the Site, Service, or App, or the computer systems or networks connected to the Services, through hacking, password mining, or any other means.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRUE FIT OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TRUE FIT DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY TRUE FIT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRUE FIT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
To the extent authorized by law, you agree to indemnify and hold harmless True Fit, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your failure to verify the copyright license, attribution, and other information associated with Content resulting from your use of True Fit, (c) your use of any of the Services, and/or (d) the Content you make available on any of the Services.
The Site, Service, and App are owned and operated by True Fit. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services, and all other elements of the Service and Materials provided by us are protected by all relevant intellectual property, proprietary rights, and applicable laws. All materials contained in the Service are the property of us or our third-party partners. Except as expressly authorized by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms. For any True Fit Service that enables you to use any software, Materials, content or other feature(s) owned by True Fit (after becoming a valid authorized user), we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the specific True Fit Service, and any related software, content, of other Materials.
These Terms shall be governed by the laws of the State of Colorado without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted, you and True Fit agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Colorado for the purpose of arbitration, litigation, and all other dispute resolution.
Disputes, Resolution, and Arbitration
If you have any concern or dispute about the Site, Service, or App, you agree to first try to resolve the dispute informally by contacting us at firstname.lastname@example.org.
All unresolved disputes will be resolved by arbitration. You agree to forgo your right to go to court to present or defend your rights under this contact, exceptions may be made for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator.
Written notice is required by any party who intends to seek arbitration by certified mail with signature required. The notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the notice is received, you or True Fit, may proceed with an arbitration proceeding. Any action filed in any court shall be required to be dismissed in lieu of binding arbitration in accordance with these Terms.
Our Site is controlled, operated, and administered by the United States of America. True Fit makes no representation or warranty that the materials contained within our Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents available through the Services are illegal is prohibited. If you access our Site from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations, and ordinances.