TERMS AND CONDITIONS

Limited License

Use of Products and ServicesThis agreement (hereinafter, the “Agreement”) between The Fit Stop, (hereinafter, “The Fit Stop “, “us” or “we”) and you sets forth the terms and conditions which govern your use of any of The Fit Stop (hereinafter, the “Website”) and/or the Products and Services (hereinafter, the ”Products and Services”) thereon which are provided by The Fit Stop.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE WEBSITE AND/OR PRODUCTS AND SERVICES. BY ACCESSING OR USING THE WEBSITE AND/OR PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE OR PRODUCTS AND SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. THE FIT STOP MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF ANY OF THE WEBSITE AND/OR PRODUCTS AND SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE PRODUCTS AND SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.


Prohibited Activities

In connection with your use of the Website and/or the Products and Services, you acknowledge and agree that you will not:

  1. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or Products and Services obtained through the Website or the Products and Services

  2. attempt to gain unauthorized access to any of the Website, Products and Services, accounts, computer systems or networks connected to The Fit Stop through hacking, password mining or any other means.

  3. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or the Products and Services.


Comments and Commenting

The Fit Stop allows posting of comments on its Website, whether they are product reviews collected via surveys, user’s posts and comments on social media networks like Instagram, Facebook, Twitter, Google +, Pinterest. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the ability to post comments in the future. The Fit Stop or its designated agents may remove or alter any user-created content at any time for any reason. Information and content posted within these public forums may be provided by The Fit Stop staff, The Fit Stop’s outside contributors, or by users not connected with The Fit Stop. The Fit Stop expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed in these comments are solely the opinions of the participants, and do not reflect the opinions of The Fit Stop or any of its subsidiaries or affiliates.


Monitoring

The Fit Stop has no obligation whatsoever to monitor any of the content or postings on the comment section on the Website or on social media networks. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.


Links to this website

You may establish a hypertext link to any of our sites so long as the link does not state or imply any sponsorship or endorsement of your site by us or make use of a logo without written consent of the logo owner. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.


Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.


Limitation of Liability

NEITHER THE FIT STOP NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE WEBSITE OR THE PRODUCTS AND SERVICES; (ii) ANY CONTENT CONTAINED ON THE WEBSITE AND/OR THE PRODUCTS AND SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE WEBSITE AND/OR THE PRODUCTS AND SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE WEBSITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE WEBSITE OR THE PRODUCTS AND SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE WEBSITE OR THE PRODUCTS AND SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR THE PRODUCTS AND SERVICES. IN NO EVENT SHALL THE FIT STOP’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE PRODUCTS AND SERVICES OR THE WEBSITE.


Exercise Disclaimer

The workouts, movements, and progressions provided on this website or in any coach led workouts or challenges are for educational and entertainment purposes only, and are not to be interpreted as a recommendation for a specific treatment plan, product, or course of action. Participants must be 14 years of age or older to engage in any coach led workouts or challenges provided on this website. Exercise is not without its risks, and this or any other exercise program may result in injury. They include but are not limited to: risk of injury, aggravation of a pre-existing condition, or adverse effect of over-exertion such as muscle strain, abnormal blood pressure, fainting, disorders of heartbeat, and very rare instances of heart attack. To reduce the risk of injury, before beginning this or any exercise program, please consult a healthcare provider for appropriate exercise prescription and safety precautions. The exercise instruction and advice presented are in no way intended as a substitute for medical consultation. We disclaim any liability from and in connection with this program. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy, or have physical discomfort, you should stop immediately and consult a physician. 


Professional Advice Disclaimer

The information provided on this website is for educational and entertainment purposes only, and is not to be interpreted as a recommendation for a specific treatment plan, product, or course of action. This website does not provide specific medical advice, and is not engaged in providing medical services. Information on this website does not replace consultation with a qualified health or medical professional who sees you in person, for your health and your medical needs. Please see a physician or health professional immediately if you suspect you may be ill or injured.


NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON ANY WEB SITE OR THE SITES OF ADVERTISERS.


You acknowledge your use of this website and the content thereon is at your own risk, including any and all risks associated with your participation in or use of any workouts or dietary recipes set out on this website. You acknowledge that there are inherent risks of injury with any physical activity and you hereby release The Fit Stop and all of its employees, directors, officers and representatives and other parties involved in the creation, maintenance and distribution of the content on this website (collectively “The Fit Stop”) from any and all liability arising as a result of your use of this website or the content thereon, including, without limitations, any direct, special, incidental, indirect or consequential damages or other damages of any kind, including, but not limited to physical injury, illness, death, loss of profits, loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise.


The Fit Stop recommends that you consult with a physician before changing your diet, starting any workout or exercise program or taking supplements of any kind, whether as set out on its website or otherwise. The content of this website is educational only and should not be considered a substitute for advice of a physician.


While the information contained within this site is periodically updated, no guarantee is given that the information provided on this website is correct or complete. This website and the content thereon are provided without warranties of any kind, either express or implied, as to its accuracy, completeness or appropriateness for any purpose, including, without limitations any warranties of merchantability, fitness for a particular use or non-infringement of proprietary rights. The Fit Stop does not represent or warrant that this website, any links contained therein or its server are free of viruses or other harmful components. The Fit Stop shall not be held liable for any damage, whatsoever, to any computer hardware or software, resulting from the download, opening or use of its website content.


The Fit Stop reserves the right to change any and all content contained on this web site at any time without notice. Inclusion of any links or reference to any workouts, menus, products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by The Fit Stop.


Indemnification

You agree to indemnify, defend, and hold The Fit Stop and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to The Fit Stop or post on any forums (e.g., support groups, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Website and/or the Products and Services. 


Jurisdictional Issues

The Fit Stop makes no representation or warranty that the content and materials on the Website and/or the Products and Services are appropriate or available for use in locations outside the United States. Those who choose to access the Website or use the Products and Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. The Fit Stop reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Website and/or the Products and Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.


Termination

This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that The Fit Stop in its sole discretion, may terminate your password, account (in whole or in part), or use of the Website or Products and Services, and remove and discard any content within the Website, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.


General Information

This Agreement constitutes the entire agreement and understanding between you and The Fit Stop and governs your use of the Website and the Products and Services, superseding any prior agreements between you and The Fit Stop. This Agreement and the relationship between you and The Fit Stop shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. You and The Fit Stop irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the state of Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of The Fit Stop to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by The Fit Stop of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.


Last updated: 6/5/20

 

THE FIT STOP

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