Fitness Broadcasting Company, LLC hosts message boards, chats and other
public forums on the Site and through the Services. Message boards, chats and other public forums are
intended to serve as discussion centers for users and subscribers of the Site. These are public forums
and any information that you post on the Site or through the Services may be seen by anyone on the
Internet. Any user will have the ability to edit or delete their own posts after posting. When posting
information on the Site or through the Services, use good taste when discussing sensitive topics. Both
users and moderators are required to treat others with respect and honesty. Be fair and informative.
Post honest and valuable information and don't post rumors or negative opinions that are not
supported by facts. Unless the information in your post arises directly from your personal experience,
references to any health-related or medical information you provide must be included in your post.In
addition to the prohibited activities described above, when posting information and media on the Site
or through the Services you must not:
• Post anything that interferes with or disrupts the
Site or the operation thereof, including files that contain malicious code, viruses, corrupted files,
or any other similar software or programs that may damage the operation of another’s computer, network
or the Site;
• Post statements or materials that are libelous or defame, harass, abuse,
stalk, threaten, intimidate or in any way infringe on the rights of others;
• Post
statements or materials that violate other contractual or fiduciary rights, duties or agreements;
• Post or upload personal information, pictures, videos or any other media of another person
without their express permission;
• Delete or revise any material posted by any other
person or entity;
• Post statements or materials that are bigoted, hateful, racially
offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or
images that typically would not be considered socially or professionally responsible or appropriate in
person;
• Post statements or materials that encourage criminal conduct or that would give
rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
•
Post statements or materials that in any way harm minors;
• Post statements or materials
that impersonate any other person or entity, whether actual or fictitious, including, without
limitation, employees and representatives of Fitness Broadcasting Company, LLC;
• Post
statements or materials that misrepresent your affiliation with any entity and/or Fitness Broadcasting
Company, LLC;
• Post anything that violates the privacy or publicity rights of any other
person, including, without limitation, posting any personal identifying information of another
individual, including, without limitation, addresses, phone numbers, email addresses, Social Security
numbers, credit card numbers or any trade secrets or information for which you have any obligation of
confidentiality;
• Post statements or materials that constitute junk mail, spam or
unauthorized advertising or promotional materials, including, without limitation, links to commercial
products or services or any political campaigning;
• Post material that in the sole
judgment of Fitness Broadcasting Companys, LLC is objectionable or restricts or inhibits any person or
entity from using or enjoying any interactive features or other portions of the Site, or which may
expose Fitness Broadcasting Company, LLC or its users to harm or liability of any nature; or
• Post material that infringes, or that may infringe, any patent, trademark, trade secret,
copyright or other intellectual or proprietary right of any party, or that you otherwise do not have
the right to make available, without the express permission of the owner of the copyright, trademark
or other proprietary right. Fitness Broadcasting Company, LLC does not have any express burden of
responsibility to provide any user with indications, markings or anything else that may aid any user
in determining whether the material in question is copyrighted or trademarked. Users shall be solely
liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any
other harm resulting from such submission.
Any user failing to comply with these guidelines may
be expelled from and refused continued access to the message boards, chats or other public forums in
the future. Fitness Broadcasting Company, LLC or its designated agents may remove or alter any
user-created content at any time for any reason. Materials posted and/or uploaded to the various
public forums may be subject to size and usage limitations. You are responsible for adhering to such
limitations. Fitness Broadcasting Company, LLC 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 Fitness
Broadcasting Company, LLC or our affiliates, suppliers or agents be liable for any loss or damage
caused by your reliance on information obtained through these forums. The opinions expressed in these
forums are solely the opinions of the participants, and do not reflect the opinions of Fitness
Broadcasting Company, LLC or any of their subsidiaries or affiliates. Fitness Broadcasting Company,
LLC has no obligation whatsoever to monitor any of the content or postings on the message boards, chat
rooms or other public forums. However, you acknowledge and agree that we reserve the right to monitor
the same at our sole discretion. Fitness Broadcasting Company, LLC employees typically moderate our
boards on a daily basis. Unless otherwise stated, these moderators are not medical professionals and
should not be construed as such. Our moderators 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. In addition, Fitness Broadcasting Company LLC and Fitness Broadcasting
Company, LLC’s moderators reserve the right to contact users to inform them of policies, hide users’
posts or delete users’ accounts without warning or notice in advance, for any reason, including but
not limited to the violation of these Terms. By sending or transmitting to us content, images, video,
audio files, creative suggestions, ideas, notes, concepts, information or other materials
(collectively, "Submission Materials"), or by posting such Submission Materials on the Site,
you hereby grant to us and our designees a worldwide, non-exclusive, sub-licensable, assignable,
royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative
works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such
Submission Materials in any media now known or hereafter devised, for any purpose whatsoever,
commercial or otherwise, without compensation to you. The foregoing license to Fitness Broadcasting
Company, LLC shall be fully paid-up and royalty free. You represent and warrant that any person or
entity named or pictured in such Submission Material has provided any necessary licenses, rights or
authorizations to allow Fitness Broadcasting Company, LLC’s use of such Submission Materials in
accordance with such license. None of the Submission Materials disclosed or posted via message boards,
chats or other public forums shall be subject to any obligation, whether of confidentiality,
attribution or otherwise.
6. Commercial Transactions.
Certain products or services may be offered for sale on the Site or
through the Services. In the event you wish to purchase or to subscribe for any of these products
or services, you will be asked by Fitness Broadcasting Company, LLC or an authorized third party
to supply certain information, including without limitation, your full name, address, telephone
number and credit card information. You agree to provide us or such third party with the foregoing
information as well as any other mandatory information. You agree that any such information
provided shall be accurate, complete and current. You agree to comply with the terms and
conditions of any agreement that you may enter into governing your purchase of the product or
service. You shall be responsible for all charges incurred through your account as well as for
paying any applicable taxes. By providing Fitness Broadcasting Company, LLC with your credit card
number and associated payment information, you agree that Fitness Broadcasting Company, LLC and/or
our third party service providers are authorized to immediately invoice your account for all fees
and charges due and payable to us as a result of your order, including but not limited to service
fees, subscription fees or any other fee or charge associated with your access to the Services
and/or purchase of products. In the event that access to an applicable Service requires a
recurring payment, you agree that we (or our third party payment service provider) may
automatically invoice your account at the beginning of each recurring period. We reserve the right
to increase charges and fees, or to institute new charges or fees at any time, upon reasonable
advance notice communicated to you through a posting on the Site or such other means as we may
deem appropriate from time to time (including electronic mail or conventional mail). You agree to
immediately notify Fitness Broadcasting Company, LLC of any change in your billing address or the
credit card used for payment hereunder. Your right to use a paid service or a specific product is
conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a
charge is refunded for any reason, including chargeback, we reserve the right to either suspend or
terminate your access and account. You agree that in the event we are unable to collect the fees
you owe us for the products or services specified in your order, we may take any other steps we
deem necessary to collect such fees from you, and that you will be responsible for all costs and
expenses incurred by us in connection with such collection activity, including collection fees,
interest, court costs and attorneys' fees.
7. Third Party Content.
Any opinions, advice, statements, services, advertisements, offers or
other information or content expressed or made available through the Site by third parties,
including information providers, are those of the respective authors or distributors and not
Fitness Broadcasting Company, LLC. Neither Fitness Broadcasting Company, LLC, its Affiliates
nor any third-party content providers guarantee the accuracy, completeness or usefulness of
any content. Furthermore, Fitness Broadcasting Company, LLC is not responsible for the
accuracy and reliability of any opinion, advice or statement made on any of the Site or
Services by anyone other than an authorized Fitness Broadcasting Company, LLC representative
while acting in his/her official capacity. You may be exposed through the Site or Services to
content that violates our policies, is sexually explicit or is otherwise offensive. You access
the Site and Services at your own risk. We take no responsibility for your exposure to third
party content on the Site, Fitness Broadcasting Company, LLC, its licensors, or the Services.
Fitness Broadcasting Company, LLC does not assume, and expressly disclaim, any obligation to
obtain and include any information other than that provided to it by its third party sources.
It should be understood that we do not advocate the use of any product or procedure described
in the Site or through the Services, nor are we responsible for misuse of a product or
procedure due to typographical error.
8. Sweepstakes, Contests and Games.
If Fitness Broadcasting Company, LLC conducts a sweepstake,
contest, or game on the Site, the rules governing any of the foregoing shall be accessible
through a hypertext link prominently displayed on the page where the sweepstake, contest
or game may be located. By entering or participating in any of them, you agree to be
subject to those rules, regulations and procedures. Please remember to read the rules
carefully before participating.
9. Accounts, Passwords and Security.
If the Site or Services requires you to open an account, you
must complete the registration process by providing Fitness Broadcasting Company, LLC
with current, complete and accurate information, as prompted by the applicable
registration form. You acknowledge that by providing any information to Fitness
Broadcasting Company, LLC which is untrue, inaccurate, not current or incomplete,
Fitness Broadcasting Company, LLC reserves the right to terminate your access and use
of the Site and/or the Services. As part of the registration process, you will be
asked to enter an email and password and/or select a username. You are entirely
responsible for maintaining the security and confidentiality of your account and
password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND
CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You
agree to notify Fitness Broadcasting Company, LLC immediately of any unauthorized use
of your account or any other breach of security. Fitness Broadcasting Company, LLC
will not be liable for any loss that you may incur as a result of someone else using
your password and/or your account, either with or without your knowledge. You may be
held liable for any losses incurred by Fitness Broadcasting Company, LLC or another
party due to someone else using your account or password.
10. Linking to the Sites.
We reserve the right to disallow you to link to the Site
at any time in our sole discretion. If we exercise such right, you agree to
immediately remove and disable any and all of your links to the Site. In the
absence of a written agreement with us specifying how you may link to the Site,
use the following guidelines for adding one or more links to the Site from your
website:
• The link must be a text-only link that clearly includes the
URL of the Site;
• If the link points to any page on the Site other
than the home page, the text link must also include the title of the target
landing page.
• The appearance, position and other aspects of the link may
not be such as to damage or dilute the goodwill associated with our good name and
trademarks;
• The appearance, position and other aspects of the link
may not create the false impression that an entity is associated with, sponsored
by, or endorsed by us;
• The link, when activated by a user, must
display the Site full-screen and not within a "frame" on the linking
website and linking may not trigger any interstitial or pop-up or pop-under
windows; and
• The link may not be used in connection with or appear on
a website that a reasonable person might consider offensive, obscene, defamatory
or otherwise malicious.
11. Disclaimer Regarding Linked Third Party Sites.
Some links on the Site and/or Services will direct
you to leave the Site or Service you are accessing in order to access a linked
third party site (the "Linked Sites"). Fitness Broadcasting Company,
LLC provides these links as a convenience, but we neither control nor endorse
these Linked Sites, nor has Fitness Broadcasting Company, LLC reviewed or
approved the content which appears on the Linked Sites. Fitness Broadcasting
Company, LLC is not responsible for the legality, accuracy or appropriateness
of any content, advertising, products, services or other materials on or
available from any Linked Sites. You acknowledge and agree that Fitness
Broadcasting Company, LLC 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 any of the links, content, goods or services
available on or through the Linked Sites.
12. Dealings with Third Parties.
Your participation, correspondence or business
dealings with any third party found on or through our Site and Services,
including, without limitation, advertisers and other users, regarding
payment and delivery of specific goods and services, and any other terms,
conditions, representations or warranties associated with such dealings,
are solely between you and such third party. You agree that Fitness
Broadcasting Company, LLC shall not be responsible or liable for any loss,
damage, or other matters of any sort incurred as the result of such
dealings.
13. Privacy.
Fitness Broadcasting Company, LLC’s privacy
policy with respect to the collection and use of your personally
identifiable information is set forth at here, and is incorporated by
reference into these TOU. BY ACCESSING THE SITE AND/OR SERVICES, YOU
AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY.
14. Disclaimer of Warranties.
THE SITE AND THE SERVICES, AND ANY
CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR
OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED "AS
IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT
WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS
OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH
THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH
THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE
SPECIFIED IN WRITING.
WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, FITNESS BROADCASTING COMPANY, LLC AND THEIR
AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY
DISCLAIM THAT: (i) YOUR USE OF THE SITE AND/OR SERVICES AND ACCESS
TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE
UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION
OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT
DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES,
SITES OR SERVER(S) ON WHICH THE SITE OR SERVICES ARE HOSTED ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE
AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR
THROUGH THE SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE
MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR
SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF
GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON
PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON
THE SITES OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR
WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF
MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN
OR THROUGH THE SITE OR THE SERVICES.
CERTAIN STATE LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Limitation of Liability.
NEITHER FITNESS BROADCASTING COMPANY,
LLC NOR ITS AFFILIATES, 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 SITE AND/OR THE SERVICES;
(ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES;
(iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE
ON THE SITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE
PURCHASED OR OBTAINED THROUGH THE SITE AND/OR SERVICES; (v)
ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY
INFORMATION AVAILABLE ON THE SITE AND/OR 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
SITE AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO
THE SITE AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL
LIABILITY OF FITNESS BROADCASTING COMPANY, LLC OR ITS
LICENSORS, AFFILIATES TO YOU FOR ANY AND ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY,
FOR USING ANY OF THE SITE AND/OR SERVICES. Some jurisdictions
do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above
limitations and disclaimers may not apply to you. To the
extent that we may not, as a matter of applicable law,
disclaim any implied warranty or limit liabilities, the scope
and duration of such warranty and the extent of our liability
will be the minimum permitted under such applicable law.
16. Indemnification.
You agree to indemnify, defend
and hold Fitness Broadcasting Company, LLC and its
Licensors 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 these TOU; (ii) any allegation
that any Submission Materials 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 Site or the Services.
17. Copyright Policy.
The Digital Millennium
Copyright Act of 1998 (the "DMCA") provides
recourse for copyright owners who believe that
material appearing on the Internet infringes their
rights under the U.S. copyright law. If you believe in
good faith that materials hosted by Fitness
Broadcasting Company, LLC infringe your copyright, you
or your agent may send to Fitness Broadcasting
Company, LLC a notice requesting that the material be
removed or access to it be blocked. Any notification
by a copyright owner or a person authorized to act on
its behalf that fails to comply with requirements of
the DMCA shall not be considered sufficient notice and
shall not be deemed to confer upon Fitness
Broadcasting Company, LLC actual knowledge of facts or
circumstances from which infringing material or acts
are evident. If you believe in good faith that a
notice of copyright infringement has been wrongly
filed against you, the DMCA permits you to send to
Fitness Broadcasting Company, LLC a counter-notice.
All notices and counter notices must meet the then
current statutory requirements imposed by the DMCA;
see http://www.loc.gov/copyright for details. If you
believe that your work has been copied in a way that
constitutes copyright infringement, please provide our
Copyright Agent the following information:
•
An electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright interest;
• Identification of the
copyrighted work that you claim has been
infringed;
• Identification of where the
material that you claim is infringing is located on
the Site or Service reasonably sufficient to permit us
to locate the material;
• Information
reasonably sufficient to permit us to contact you,
such as your address, telephone number and, if
available, your email address;
• A
statement by you that you have a good faith belief
that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
• A statement by you, made under penalty of
perjury, that the above information in your notice is
accurate and that you are the copyright owner or
authorized to act on the copyright owner's
behalf.
E-mail for notice:
help@jillianmichaels.com.
18. Jurisdictional Issues.
Fitness Broadcasting
Company, LLC makes no representation or warranty
that the content and materials on the Site or the
Services are appropriate or available for use in
locations outside the United States . Those who
choose to access the Site or use the 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. Fitness Broadcasting Company, LLC
reserves the right, at any time in our sole
discretion, to limit the availability and
accessibility of the Site or the 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.
19. Termination.
You agree that
Fitness Broadcasting Company, LLC, in its sole
discretion, may terminate your password,
account (in whole or in part) or use of the
Site or Services, and remove and discard any
content within the Site or Services, at any
time and for any reason. You agree that any
actions taken under this Section may be
effective without prior notice to you.
20. Governing Law.
These TOU and the
relationship between you and Fitness
Broadcasting Company, LLC shall be
governed by and construed in accordance
with the laws of the State of Florida,
without regard to its conflict of law
provisions. You and Fitness Broadcasting
Company, LLC irrevocably agree to submit
to the personal and exclusive jurisdiction
of the federal and state courts located
within the county of Miami-Dade, in the
State of Florida, and waive any
jurisdictional, venue or inconvenient
forum objections to such courts.
21. Waiver and
Severability.
The failure
of Fitness Broadcasting Company, LLC
to exercise or enforce any right or
provision of these TOU shall not
constitute a waiver of such right or
provision. If any provision of these
TOU is found by a court of competent
jurisdiction to be unlawful, void or
for any reason unenforceable, then
that provision shall be deemed severed
here-from and shall not affect the
validity and enforceability of any
remaining provisions.
22. Successors and
Assigns.
We may
perform any of our obligations or
exercise any of our rights under
this TOU through one or more of
our corporate affiliates
(including any entity that
directly or indirectly controls,
is controlled by or is under
common control with us). If
Fitness Broadcasting Company, LLC
or its assets are acquired by
another entity, that entity will
assume our rights and obligations
as described in this TOU. You may
not assign your rights or
obligations under this TOU, by
operation of law or otherwise,
without our prior written consent.
23. Subscriptions and
Subscription
Cancellation.
1.
Subscription
Ongoing Subscription.
Your FitFusion.com
Subscription, which may start
with a free trial, will
continue week-to-week,
month-to-month, year-to-year,
or quarterly or semi-annually
and will renew on every
renewal period depending on
the subscription option you
choose unless and until you
cancel your Subscription or we
terminate it. You must have
Internet access and provide us
with a current, valid,
accepted method of payment (as
such may be updated from time
to time, "Payment Method")
to use the FitFusion.com
service. We will bill the
monthly Subscription fee to
your Payment Method. You must
cancel your Subscription
before it renews each payment
term (monthly, quarterly,
yearly or as stated in product
term) in order to avoid
billing of the next
Subscription renewal fees to
your Payment Method.
Differing
Subscriptions. We may offer a
number of Subscription plans,
including special promotional
plans or Subscriptions with
differing conditions and
limitations. Any materially
different terms from those
described in these Terms of
Use will be disclosed at your
sign-up or in other
communications made available
to you. You can find specific
details regarding your
Subscription with
FitFusion.com by visiting our
website and clicking on
the "Your Account"
link. Some promotional
Subscriptions are offered by
third parties in conjunction
with the provision of their
own products and services. We
are not responsible for the
products and services provided
by such third parties. We
reserve the right to modify,
terminate or otherwise amend
our offered Subscription
plans.
2.
Billing
1. Recurring
Billing. By starting
your FitFusion.com
Subscription and providing or
designating a Payment Method,
you authorize us to charge you
a Subscription fee at the then
current rate on a recurring
basis based on chosen renewal
period, and any other charges
you may incur in connection
with your use of the
FitFusion.com service to your
Payment Method. You
acknowledge that the amount
billed each renewal period may
vary for reasons that may
include differing amounts due
to promotional offers,
including gift card redemption
and promotional code
redemption, and/or changing or
adding a plan, and you
authorize us to charge your
Payment Method for such
varying amounts, which may be
billed based on chosen renewal
plan.
2.
Price Changes. We
reserve the right to adjust
pricing for our service or any
components thereof in any
manner and at any time as we
may determine in our sole and
absolute discretion. Except as
otherwise expressly provided
for in these Terms of Use, any
price changes to your service
will take effect following
email notice to you.
3. Billing
Cycle. The
Subscription fee for our
service will be billed at the
beginning of the paying
portion of your Subscription
and each month, 3-months,
6-months, 12-months, or other
chosen period thereafter
unless and until you cancel
your Subscription. We
automatically bill your
Payment Method each month,
3-months, 6-months, 12-months,
or other chosen period on the
calendar day corresponding to
the commencement of your
paying Subscription.
Subscription fees are fully
earned upon payment. We
reserve the right to change
the timing of our billing, in
particular, as indicated
below, if your Payment Method
has not successfully settled.
In the event your paying
Subscription began on a day
not contained in a given
month, we may bill your
Payment Method on a day in the
applicable month or such other
day as we deem appropriate.
For example, if you started
your FitFusion.com
Subscription or became a
paying member on January 31st,
your next payment date is
likely to be February 28th,
and your Payment Method would
be billed on that date. Your
renewal date may change due to
changes in your Subscription.
Visit our website and click on
the "View billing details"
link on the "Your Account"
page to see the commencement
date for your next renewal
period. We may authorize your
Payment Method in anticipation
of Subscription or
service-related charges. As
used in these Terms of
Use, "billing" shall
indicate a charge, debit or
other payment clearance, as
applicable, against your
Payment Method. Unless
otherwise stated differently,
month or monthly refers to
your billing cycle.
4. No Refunds for
Subscriptions.
PAYMENTS ARE NONREFUNDABLE AND
THERE ARE NO REFUNDS OR
CREDITS FOR PARTIALLY USED
PERIODS. Following any
cancellation, however, you
will continue to have access
to the service through the end
of your current billing
period. At any time, and for
any reason, we may provide a
refund, discount, or other
consideration to some or all
of our members ("credits").
The amount and form of such
credits, and the decision to
provide them, are at our sole
and absolute discretion. The
provision of credits in one
instance does not entitle you
to credits in the future for
similar instances, nor does it
obligate us to provide credits
in the future, under any
circumstance.
5.
Payment Methods. You
may edit your Payment Method
information by visiting our
website and clicking on
the "Your Account"
link, available at the top of
the pages of the FitFusion.com
website. If a payment is not
successfully settled, due to
expiration, insufficient
funds, or otherwise, and you
do not edit your Payment
Method information or cancel
your account (see, "Cancellation"
below), you remain responsible
for any uncollected amounts
and authorize us to continue
billing the Payment Method, as
it may be updated. This may
result in a change to your
payment billing dates. For
certain Payment Methods, the
issuer of your Payment Method
may charge you a foreign
transaction fee or other
charges. Check with your
Payment Method service
provider for details.
6.
Cancellation. You may
cancel your FitFusion.com
Subscription at any time, and
you will continue to have
access to the FitFusion.com
service through the end of
your monthly billing period.
WE DO NOT PROVIDE REFUNDS OR
CREDITS FOR ANY PARTIAL-TERM
SUBSCRIPTION PERIODS OR
UNWATCHED MOVIES OR TV SHOWS.
To cancel, go to the "Your
Account" page on our
website and follow the
instructions for cancellation.
If you cancel your
Subscription, your account
will automatically close at
the end of your current
billing period. To see when
your account will close,
click "View billing
details" on the "Your
Account" page. If you
signed up for FitFusion.com
using your account with a
third party as a Payment
Method, and wish to cancel
your FitFusion.com
Subscription at any time,
including during your free
trial, you may need to do so
through such third party,
including by visiting your
account with the applicable
third party and turning off
auto-renew, or unsubscribing
from, the FitFusion.com
service through that third
party. You may also find
billing information about your
FitFusion.com Subscription by
visiting your account with the
applicable third party.
24.
Updates.
We
may modify these TOU at
any time, as we deem
appropriate. If you
disagree with the changes
to the TOU, you must
discontinue your use of
the Site and Services, and
if you have registered as
a member, cancel your
registration. Your
continued access or use of
any of the Site or
Services following such
notice signifies your
acceptance of the modified
TOU. It is your
responsibility to review
the TOU regularly to be
aware of such
modifications. We reserve
the right to modify or
discontinue the Site or
Services with or without
notice. We will not be
liable to you or any third
party should we exercise
our right to modify or
discontinue the Site or
Services. If you object to
any such changes, your
sole recourse will be to
cease access to the Site
or Services. Continued
access to the Site or
Services following notice
of any such changes will
indicate your
acknowledgement of such
changes and acceptance of
the Site or Services as so
modified and your use of
new Services will be
governed by these TOU.
OUR ADDRESS:
2520
Coral Way
Suite
2372
Miami, FL
33145-3438
Last
updated on May 15th,
2024.