Terms of Service
Fit Firm and Fabulous
Body Sculpture by Fit Firm and Fabulous
Latest Revision September 20th 2015
This Terms and Conditions is a legally binding agreement made between www.fitfirmandfabulous.com (“Provider”) and you (“you” “member” “client” “customer,” or “User”). When you access this website and services, you agree to the following Terms and Conditions. By accessing or using any part of the website, you agree that you have read, understand and agree to be bound by this Terms and Conditions. Discontinue use of this website, if you do not accept these Terms.
- General Information
The Fit Firm and Fabulous website is a platform created as a tool in your weight loss journey. Our system has been developed with the everyday lifestyle in mind. Our products will help you to achieve your weight loss goals that may have eluded you in the past. Through our website, we have put together a unique collection of products that will minimize the time it takes to attain that shapely dream body you desire! What you will discover by using our products is that they perform as promised when used as directed.
The website and the material, text, audio, video, photographs, illustrations, and graphics depicted on the Services are intended for informational purposes only. This website and the information procured on it are not a substitute for medical care and are not intended as a substitute for consulting face to face with your physician or other health care providers. The Services are not intended to diagnose or treat any condition. Any attempt to diagnose and treat an illness should be done under the direction of a doctor.
The Services do not include individual prescribing of medication. These Services are to not create an agency with the client and in no way is intended to create a physician – patient relationship. The Provider makes no warranties, or makes any representations concerning the accuracy, results, or reliability of the use of the information on its website or on any sites linked to this site.
- Limited License.
The Provider gives to the User a limited license to access and view the content on the Website via your computer or mobile device and unless otherwise indicated in these Terms and Conditions or on the Website. Use of the Web Site and the services offered on or through the Web Site are only for your personal, non-commercial use.
The Content is distributable for individual personal, household, and educational use only. No commercial use or commercial redistribution of any Content is permitted. This service is for individuals to use to support their personal health decisions. By using the Services, you agree not to collect any information about our members or doctors for any reason, including but not limited to, sending unsolicited communications, including spam.
- User Generated Content
The User may be granted the license to connect and submit text, images, audio, video, or useful content (“User Generated Content”), which may be viewed by the internet community. Permission to generate content is restricted by age. You may not submit or upload Content that is defamatory, threatening, prejudiced, violent, obscene, pornographic, or otherwise offensive. In other words, use the site as it is intended and be responsible for your conduct at all times.
You guarantee that your submitted Content conforms to these Terms and that you own or have the rights and permissions, to utilize, and to authorize us to use, your User Generated Content in all manners reflected by these terms.
- Your Account
Www.fitfirmandfabulous.com is responsible for your personal and private information under the federal health care privacy and security law known as HIPAA. Www.fitfirmandfabulous.com has implemented various encryption and security technologies and procedures to keep your personal information from unauthorized access. We limit access to your personal information in regards to our employees who, through the course of standard business activities, need to access your personal information. Full access to the Apps is enabled only by usernames and passwords. You are fully and solely responsible for any and all use of the Apps using your username and password.
We reserve the right to revoke or deactivate your username and password at any time. Your use of Www.fitfirmandfabulous.com and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances. The Services are age limited to at least 16 years old to use Www.fitfirmandfabulous.com services. Too, we do not “buy back” any product that you purchased from us or any entity representing the company for any reason. Once purchased by “you” at that point you own the product exclusively.
- Third Party Websites.
The Providers website may contain links to other websites on the Internet that are owned and operated by third party services (“TPS”). The content, products or services accessible on these TPS websites does not infer our approval of the website or its sponsors. We have no influence over what they provide in the way of content or services, and cannot be held liable for the operation, products or services of such TPS. Any interactions between you and the other TPS is your sole responsibility. You also agree that we shall not be responsible or liable, for any loss or damage caused by your use of or confidence in the content available on or through the site.
- Intellectual Property Rights.
8.1 Copyright. All materials on the Website, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors or other companies. You may not use such materials without permission.
8.2 Trademarks. Fit Firm and Fabulous and Body Sculpture by Fit Firm and Fabulous is a registered trade name we own. The related design marks, and other trademarks on the Website are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.
- Limitation of Liability; Waiver
9.1 The Provider shall not in any situation or event be liable for any loss or damages of any kind, including, economic, punitive, incidental or consequential losses or damages that are directly or indirectly related to the Providers service, content, user content, Users use of, or inability to use, the service, investigations by the Provider or law enforcement authorities regarding your use of the service, any action taken in connection with copyright or other intellectual property owners, any errors or omissions in the service’s operation; or any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Provider parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.
9.2 You agree that in the event you incur any damages, losses or injuries that arise out of Provider’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the Provider parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Provider parties.
9.3 By accessing the service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
9.4 The Provider is not responsible for the actions, content, information, or data of TPS, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
10.1 User agrees to defend, indemnify and hold harmless the Provider against any claims, damages, losses, and legal expenses, arising out of any claims. These claims could be: (i) your Content or your access to or use of the Service; (ii) your breach of these Terms and Conditions; (iii) your disruption of any TPS provision including your misuse of any intellectual property right, data breach, confidentiality, property or privacy right; (iv) your non-compliance of any laws, or orders of any governmental authorities, including, all administrative and legal authorities; or (v) any willful misunderstanding made by you.
10.2 User agrees to cooperate as required by the Provider in the defense of any claim. The Provider maintains the right to have exclusive control over the defense of any matter subject to indemnification by you, and you warrant that you will not in any event settle any claim without the prior written consent of Provider.
10.3 User agrees to cooperate with the Provider in the defense of any claim. The Provider reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Provider.
- Governing Law
These Terms and Conditions are governed by the laws of the United States. User agrees to resolve any dispute exclusively in the jurisdiction of the Courts located in the United States for the purpose of litigating all such disputes. If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be severable from these Terms and Conditions and will not affect the validity of any remaining provisions. The Provider’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.
- Entire Agreement
These Terms and Conditions constitute the entire agreement between you the User and the Provider and governs your use of the Service. If any provision of these Terms and Conditions is found by a court to be invalid or unenforceable, the Parties nevertheless agree that the remaining provisions of the Terms and Conditions remain in full force.
All disputes arising out of or relating to this the Terms (including its formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in ________ before and in accordance with the Rules of the Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
The Provider may terminate, suspend or discontinue any segment of the Web Site or services at any time. The Provider may also suspend or terminate your access to the Web Site and its services if the Provider believes you are in breach of the Terms and Conditions or applicable law. We do not have to provide you with notice. The Provider maintains a policy that provides for the termination (in applicable circumstances) of the User privileges if we find they are repeat infringers of intellectual property rights.