Terms and Conditions

  

Welcome to Fitstyle.com (the “Website”) an online personal training program owned and operated by Fitness Is a Lifestyle LLC, DBA Fit Style (“Fit Style”, “we”, “us” or “our”) that provides its Members (as defined below) with online personal training & fitness coaching sessions available through a mobile app (“App”) or a web browser (the “Fit Style Service”). For greater certainty, “Fit Style Service” includes any use of the mobile app or access to resources generated by Fit Style (as defined below) through the mobile app, desktop or direct coaching. These terms & conditions are a legally binding agreement between you and Fit Style regarding your use of the Website and use and purchase of Fit Style Services. By accessing or using the Website or using or purchasing the Fit Style Service, you acknowledge that you have read, understand and agree to be bound by these terms & conditions, including any additional guidelines, the Fit Style Privacy Policy, and any future modifications thereto (collectively, the “Agreement”), whether or not you become a member of Fit Style by registering an account for the Fit Style Service (“Member” or “User”). Fit Style is a Registered Trademark ® and the Fit Style name, mark and type are protected by law.

IF YOU OBJECT TO ANYTHING IN THIS AGREEMENT OR THE FIT STYLE PRIVACY POLICY, YOU CANNOT USE THE WEBSITE OR ANY FIT STYLE SERVICE AND YOU SHOULD IMMEDIATELY TERMINATE YOUR USE THEREOF.

1. Content on the Website.

2. Account Security. You are responsible for maintaining the confidentiality of the username and password that you use to register for, purchase and/or use the Fit Style Services. You agree to immediately notify Fit Style of any unauthorized use of your username or password or any other breach of security. Fit Style will not be liable for any loss or damage arising from your failure to comply with this provision. You should use 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.

3. Term and Termination. Fit Style may, at its option, terminate your membership if (1) any payments are 30 days late, or repeatedly late, (2) the monthly EFT payments are interrupted or discontinued for any reason and you or your co-signer do not provide an acceptable alternative, (3) you violate any part of this agreement or (4) your conduct is improper or harmful to the best interest of Fit Style or others. Termination is effective on the date Fit Style emails a written notice to your email address on file. You are liable for all financial obligations until that date and for the dues and fees of any remaining unused months. If you prepaid your dues and fees, Fit Style will not refund unused portion.

4. Your Interactions with Other Members. Interactions with other Users and Members. You are solely responsible for your interactions with other users of the Website and App (“Users”) or Members. Fit Style makes no representations or warranties as to the conduct of Users or Members and shall not be in any way liable for any conduct of any User or Member. You agree to take reasonable precautions in all interactions with other Users and Members, particularly if you decide to meet a User and/or a Member offline or in person. You should not provide your financial information (for example, your credit card or bank account information) to other Users or Members. 

5. Release. You hereby release Fit Style, its affiliates, contractors, employees, agents or third party partners or suppliers from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other Users or Members.

6. Promotions and discounts. Fit Style may periodically run promotions that may include discounted rates or other incentives to enroll in Fit Style services. All incentive programs adhere to the Fit Style terms and conditions. New enrollment incentives are for first time clients only. Current members may not be eligible for current discounts or promotions. Fit Style may run promotions exclusively for current and active clients and the terms and conditions related to internal marketing vary depending on the promotion type and details of such programs may not be included here.

7. Cancellation and Refund. By enrolling in any program and completing a purchase of any Fit Style service you acknowledge and agree you have read and understand the Terms, Conditions, Procedures, Rules & Regulations of Fit Style. You also acknowledge and agree to the following cancellation and refund policy: (1) You, the buyer, may cancel an order at any time prior to the midnight of the fifth business day of enrollment, excluding Sundays and holidays EXCEPT “7 Day” programs which you may cancel within 48 hours. Enrollment is defined by submitting your first payment. (2) A refund or partial refund may be granted if you cancel this agreement within 5 days of enrolling. You will be billed a minimum of $100 service fee for any work done by Fit Style on your behalf within the 5-day cancellation term. This includes communication, administration, or any activity related to your program including technology service set-up (Fit Style app), agreement generation, workout programming or meal planning, whether completed or not. (3) You the buyer acknowledge that there are NO refunds on meal plans and the full published retail price of a Fit Style meal plan will be subtracted from your refund if a meal plan was created for you prior to cancellation. The published meal plan retail price can be viewed here. (4) Fit Style subscription programs may be canceled with written 30-day notice. Your next payment will be a partial withdraw to complete the 30 days during which time you will still have access to your subscription. For example, if you cancel 10 days after a payment processes, 20 days later another payment will process for a prorated amount equal to the cost of 10 days to total 30 days. (5) If purchaser/member dies or becomes legally disabled during the term of this agreement, he/she and his/her estate shall be relieved of the obligation to pay any remaining balance. (6) There are NO refunds on any delivered meal plans and verification of sent plans will be validated by the outgoing email system of Fit Style. (7) You acknowledge that the scheduling of coaching sessions is your responsibility and these sessions do not carry over monthly or accumulate. For each Fit Style program that includes coaching by video or phone, those sessions expire at the end of each billing cycle and are non-refundable. However, Fit Style may accommodate planned absenteeism, emergencies, vacations or limited terms agreed upon in writing separately from this agreement. 

8. Membership.  After selecting the subscription service program of choice, you are sent a link to register for an account in the TainerFu App and become a Member. This membership is a monthly recurring personal fitness training and coaching service delivered online. It begins on the date of enrollment and continues indefinitely unless canceled, by giving 30-days written notice by submitting notice to info@fitstyle.com. Please see item 7, section 4 above for details.  Members using the Fit Style Service to receive training, instruction, and coaching provided by Fit Style fitness professionals (as described below), are known as “Clients”. Once enrolled, Clients can use the mobile app and coaching services provided by Fit Style.

9. Modification of Terms. Fit Style reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Agreement at any time and for any reason without notice to you and by simply updating this page. This Agreement was last updated and is effective as of the “Updated” date indicated below. You should visit this page from time to time to review the then-current Agreement because it is binding on you and your continued use of or access to the Website and App and use and/or purchase of Fit Style Services. The posting of changes will be construed as your acceptance of the revised Agreement. For any material changes to this Agreement, such amended terms will automatically be effective 30 days after they are initially posted on the Website. Last Update: June, 2019.

10. Individual Features and Fit Style Services. When using the Website, App, and/or Fit Style Services, you may be subject to any additional posted guidelines or rules applicable to specific services and features, which may be posted from time to time on the Website (the “Guidelines”). All such Guidelines are hereby incorporated by reference in this Agreement. To the extent that any terms of these Terms & Conditions conflict with any Guidelines, these Terms & Conditions shall prevail.

11. Privacy Policy. Your privacy is important to us. The Fit Style Privacy Policy (“Privacy Policy”) is hereby incorporated into this Agreement by reference. Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information.

12. Eligibility. You must be at least eighteen (18) years of age to register as a Member or use the Fit Style Service. Membership in the Fit Style Service is restricted to natural persons. Membership to the Fit Style Service is void where prohibited. By using the Fit Style Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you agree to abide by this Agreement. 

13. Proprietary Rights. Fit Style, and its licensors, own and retain all proprietary rights in the Website and/or the Fit Style Service. The Website and/or the Fit Style Service contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of the Fit Style Service (the “Fit Style Materials”) that are protected by copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any Fit Style Materials. Fit Style Materials do not include User Content (as defined below) or other content submitted by Users. Fit Style retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Website, the Fit Style Service or Fit Style Materials, except for the limited rights set forth in this Agreement.

14. Reliance on Content. Advice, opinions, statements, offers, or other information or content, including, without limitation, User Content (as defined below), made available through the Website, TrainerFu (the “App”), and/or the Fit Style Service, but not created directly by Fit Style, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Fit Style does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Website, App, and/or the Fit Style Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website, App, and/or the Fit Style Service. Under no circumstance will Fit Style or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website, App, and/or the Fit Style Service or transmitted to or by any Users or Members.

15. Health Information. The information provided through the Website and/or the Fit Style Service may contain general health information. THIS WEBSITE AND/OR FIT STYLE SERVICE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your health care professional. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THE WEBSITE AND/OR THE FIT STYLE SERVICE. You represent that you are in good physical condition and may have no medical reason, impairment, or disability that might prevent you from using all Fit Style programs or services. As such, you acknowledge that Fit Style did not give you medical advice before you enrolled, and cannot give you any after you enroll, or discuss them with your doctor before participating in any programming.

16. Content Posted by You on the Website, App, and/or the Fit Style Service.

- Accurate Content. You are solely responsible for the User Content (as defined below) that you publish or display (a “post”) on the Website, App, and/or the Fit Style Service or transmit to other Users and/or Members through any media form.

- Moderating Content. You understand and agree that Fit Style may, but has no obligation to, moderate, review and delete any content, comments, messages, photos or profiles (collectively, “User Content”), in each case in whole or in part, that in the sole judgment of Fit Style, violates this Agreement, might be offensive or illegal, or that might violate the rights or safety of other Users or Members.

- License to User Content. By posting User Content to any public area of the Website, App, and/or the Fit Style Service, you automatically grant, represent, and warrant that you have the right to grant Fit Style, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User and Member of the Website, App and/or the Fit Style Service a non-exclusive license to access your User Content, in each case as permitted by the functionality of the Website, App and/or the Fit Style Service and this Agreement. The above license granted by you shall survive any termination or expiration of this Agreement.

- Representations and Warranties. In connection with the User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to post the User Content to the Website, App, and/or the Fit Style Service, to authorize Fit Style to use the User Content in the manner contemplated by Fit Style and this Agreement, and to grant the rights and licenses set forth above, (ii) the public posting and use of your User Content by Fit Style and other Users and Members will not infringe or violate the rights of any third party or violate any applicable law or regulation.

- Prohibited User Content. The following is a partial list of the type of User Content that is illegal or prohibited on the Website, App and/or the Fit Style Service. Fit Style reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website, App and/or the Fit Style Service and terminating the membership of such violators. It includes, but is not limited to, User Content that:

  • § is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • § harasses or advocates harassment of another person;
  • § involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
  • § promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually oriented, racially offensive, defamatory or libelous;
  • § promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • § contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • § provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
  • § provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • § solicits passwords or personal identifying information for commercial or unlawful purposes from other Users or Members; or engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

o Member Profile. All information you include in your member profile, including without limitation the information in your billing account, must be accurate, current and complete. If information provided to Fit Style, subsequently becomes inaccurate, misleading or false, you will promptly notify Fit Style of such change.

o Prohibited Activities. Fit Style reserves the right to investigate and terminate your membership if you have misused the Website, App and/or the Fit Style Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Website, App and/or the Fit Style Service:

  • § You will not use the Website, App or the Fit Style Service for any purpose that is unlawful or prohibited by this Agreement;
  • § You will not impersonate any person or entity;
  • § You will not “stalk” or otherwise harass any person;
  • § You will not express or imply that any statements you make are endorsed by Fit Style without our specific prior written consent;
  • § You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or the Fit Style Service or its contents;
  • § You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
  • § You will not remove any copyright, trademark or other proprietary rights notices contained on the Website, App, and/or the Fit Style Service;
  • § You will not interfere with or disrupt the Website, App, and/or the Fit Style Service or the servers or networks connected to the Website, App, and/or the Fit Style Service;
  • § You will not post, email or otherwise transmit 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;
  • § You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website, App, and/or the Fit Style Service;
  • § You will not “frame” or “mirror” any part of the Website, App, and/or the Fit Style Service, without Fit Style’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Fit Style, the Website, App, or the Fit Style Services in order to direct any person to any other website for any purpose;
  • § You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website, App, or the Fit Style Service or any software used on or for the Website, App, or the Fit Style Service or cause others to do so.

Repeat Infringer. Please note that Fit Style will promptly terminate without notice any User’s or Member’s access to the Website, App, and the Fit Style Service if that User or Member is determined by Fit Style to be a “repeat infringer.” A “repeat infringer” is a User or Member who has been notified by Fit Style of infringing activity violations more than twice and/or who has had their User Content or any other User-submitted content removed from the Website, App, and/or the Fit Style Service more than twice.

17. Modifications to the Website and/or the Fit Style Service. Fit Style reserves the right at any time to modify or discontinue, temporarily or permanently, the Website, App, and/or the Fit Style Service (or any part thereof) with or without notice. You agree that Fit Style shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, App and/or the Fit Style Service.

18. Blocking of IP Addresses. To protect the integrity of the Website and/or the Fit Style Service, Fit Style reserves the right at any time in its sole discretion to block Users or Members from certain IP addresses from accessing the Website and/or the Fit Style Service.

19. Copyright Policy.

o The Fit Style logo and name is a Registered Trademark ® and protected by law. Please submit usage requests to info@fitstyle.com.

o Infringement Notice. It is Fit Style’s policy to respond to clear notices of alleged copyright infringement. If you are a copyright owner or an agent thereof and you believe that any content hosted on the Website, App, and/or the Fit Style Service infringes your copyrights, please contact us at the address provided below.

20. Disclaimers.

o Results Not Guaranteed. FIT STYLE DOES NOT GUARANTEE ANY RESULTS FROM USE OF THE WEBSITE, APP, NUTRITION PLANS AND/OR ANY OF THE FIT STYLE SERVICES. FIT STYLE DOES NOT ENDORSE ANY FITNESS OR NUTRITION PROGRAM OFFERED THROUGH THE WEBSITE, APP, AND/OR THE FIT STYLE SERVICE. ANY STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY FITNESS PROFESSIONALS OR OTHER USERS OF THE WEBSITE, APP, AND/OR THE FIT STYLE SERVICE ARE SOLELY ATTRIBUTABLE TO THE FITNESS PROFESSIONAL OR USER. FIT STYLE IS NOT LIABLE FOR ANY STATEMENTS OR GUARANTEES MADE BY FITNESS PROFESSIONALS OR OTHER USERS.

o No Warranties; “As Is,” “As Available,” and “With All Faults”.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIT STYLE, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE, APP, AND/OR THE FIT STYLE SERVICE IS AT YOUR SOLE RISK AND THAT ANY ADVICE THAT MAY BE POSTED ON THE WEBSITE, APP, AND/OR THE FIT STYLE SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE WEBSITE AND/OR THE FIT STYLE SERVICE, USER CONTENT AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND/OR THE FIT STYLE SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

o Operation and Content. FIT STYLE IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE WEBSITE, APP, AND/OR THE FIT STYLE SERVICE, WHETHER CAUSED BY USERS, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE, APP, AND/OR THE FIT SYLE SERVICE. FIT STYLE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. FIT STYLE IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE WEBSITE, APP, AND/OR THE FIT STYLE SERVICE.

o User and Member Conduct. FIT STYLE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER. UNDER NO CIRCUMSTANCES WILL FIT STYLE OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE, APP, AND/OR THE FIT STYLE SERVICE, ANY CONTENT POSTED ON THE WEBSITE, APP, AND/OR THE FIT STYLE SERVICE OR TRANSMITTED TO USERS OR MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OR MEMBERS, WHETHER ONLINE OR OFFLINE. FIT STYLE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OCCURRING AT VENUES OR ANY INTERACTION BETWEEN A USER OR MEMBER AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF A VENUE OR OTHER PATRONS OF A VENUE.

21. Links and Third-Party Fit Style Services. The Website, App, and/or the Fit Style Service may provide, or third parties may provide, links or functionality in the Website, App, and/or the Fit Style Service to other websites or third-party resources (“Third Party Fit Style Services”). Because Fit Style has no control over Third Party Fit Style Services, you acknowledge and agree that Fit Style is not responsible for the availability of the Third-Party Fit Style Services, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from the Third Party Fit Style Services. You further acknowledge and agree that Fit Style 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 upon, any such content, goods or services available on or through Third Party Fit Style Services. ACCESS AND USE OF THIRD PARTY SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES OR AVAILABLE THROUGH THIRD PARTY SERVICES, IS SOLELY AT YOUR OWN RISK. When you leave the Website, these Terms and Conditions no longer govern. You should review applicable terms and conditions and policies, including the privacy and data gathering practices, of any Third-Party Fit Style Services.

22. Release of Liability for Injury or Death; Limitation on Liability; Damages.

o Release of Liability for Injury or Death. YOUR PARTICIPATION IN ONLINE TRAINING SESSIONS OR OTHER PROGRAMS THROUGH THE WEBSITE, APP, AND/OR FIT STYLE SERVICE IS AT YOUR OWN RISK. Exercise programs of any kind represent an inherent danger to participants. FIT STYLE IS NOT LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT RESULTS FROM USE OF THE WEBSITE, APP, AND/OR THE FIT STYLE SERVICE INCLUDING PARTICIPATION IN ONLINE TRAINING SESSIONS. YOU RELEASE FIT STYLE FROM ALL LIABILITY FOR INJURY OR DEATH THAT RESULTS FROM YOUR PARTICIPATION IN A TRAINING SESSION OR USE OF THE WEBSITE, APP, AND/OR THE FIT STYLE SERVICE. Members should consult a physician before beginning use of the Fit Style Service or any exercise program or training session. Not all exercise programs or training sessions are appropriate for all Members. PLEASE CHECK ALL EQUIPMENT AND THE AREA IN WHICH YOU ARE USING THE FIT STYLE SERVICE IN FOR ANY DANGEROUS CONDITIONS. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, FIT STYLE’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAWS.

o Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event, and under no legal theory, including without limitation negligence, will Fit Style or its affiliates, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if Fit Style has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, Fit Style’s liability will be limited to the extent permitted by applicable laws.

o Nutrition and Fitness Disclaimer: The nutrition advice given by Fit Style is based on the information you provided by completing and submitting the questionnaire. You understand it is your responsibility to provide complete and accurate information. You further understand and acknowledge Fit Style provides general nutrition education and coaching and is not a medically supervised program or a licensed dietetics company. You understand any menu program created for you by Fit Style is simply a recommendation and you are volunteering to participate or follow advice, meal plans or exercises suggestions. You understand that no service or program provided by Fit Style is intended to cure, prevent, diagnose, alleviate or treat any medical conditions, disease, physical or mental. 

o Nutrition and/or Fitness Waiver and Covenant Not to Sue: You have volunteered to participate in a nutrition suggestion program under the guidance of Fit Style, which may include but is not limited to nutrition planning and personalized coaching. In consideration of Fit Style’s agreement to assist you, you do here and forever release and discharge and hereby hold harmless Fit Style and its respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your participation in any nutrition program including any injuries resulting there from. You acknowledge and agree that no warranties or representations have been made to you regarding the results you may or will achieve from this program. You understand that results are individual and may vary.

o Nutrition Assumption of Risk: You recognize that specific foods may create allergic and possible fatal reactions, most specifically, products containing nuts. You have therefore specified any food allergies or sensitivities you are aware of. You are aware that specific foods may interact with certain medications. You have discussed such food reactions and the side effects of all your medications with your doctor or pharmacist and do not hold Fit Style responsible for food and medication reactions. You also understand the food suggestion plan you receive will not take your medications into consideration. If you are on medications, you are responsible to consult with your doctor before starting a new diet plan. If you are pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, you must receive permission from your physician before participating in the specific nutrition program designed for your use, or may be advised to seek help from another health professional.

23. Indemnity by You. You agree to indemnify and hold Fit Style, its parent, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including attorney’s fees, made by any third party due to or arising out of (i) your use of the Website , App, and/or the Fit Style Service, (ii) your violation or breach of this Agreement, (iii) your User Content, or (iv) any breach of your representations and warranties set forth above. Fit Style reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Fit Style and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Fit Style. Fit Style will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

24. Miscellaneous.

o Notice. Fit Style may provide you with notices, by email, text, or mobile app push notifications

o No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

o Jurisdiction and Choice of Law. This Website and the Fit Style Service are controlled and operated by us and this Agreement, this Website, App, the Fit Style Service and any use of the Website, App or the Fit Style Service shall be governed by the laws of the state of California and the laws of the United States of America applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in the State of California and irrevocably agree that all disputes shall be heard in such courts. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

o Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Fit Style to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

o Entire Agreement. This is the entire agreement between you and Fit Style relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in writing, signed by both parties, or by a change to the Agreement made by Fit Style as set forth in Section 4 above.

o Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

o Assignment. The Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Fit Style without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.

o Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.

o Claims. YOU AND FIT STYLE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, APP, AND/OR THE FIT STYLE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

25. How to Contact Us If you have any questions, comments, or concerns about these Terms & Conditions, Privacy Policy or the information collection and usage practices of this Website, please contact us directly: Mailing Address 4682 Chabot Dr. #11491, Pleasanton, CA 94588.  Email: Info@fitstyle.com. Telephone: 925-872-3504