Effective October 23, 2015

Fit Livin' Terms of Use

Welcome to our site. We maintain this web site as a service to our members. By using our site, you are acknowledging receipt of and agreeing to comply with and be bound by the following provisions of use. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. If you do not agree to these provisions, you should not use this site.

  1. Acceptance of Agreement.
    You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between Fit Livin' LLC ("Fit Livin" "we", "us" or words of similar import), an Indiana limited liability company, and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and you should review this Agreement carefully prior to using the Site.
  2. Copyright.
    The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
  3. Trademarks.
    Products, services and names mentioned on the Site may be trademarks or service marks of their respective owners.
  4. Limited Right to Use.
    The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
  5. Editing, Deleting and Modification.
    We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
  6. General Indemnification.
    You agree to indemnify, hold harmless and defend Fit Livin and its successors and assigns, and their respective owners, stockholders, members, affiliates, directors, officers, employees, agents, independent contractors, attorneys, staff, advertisers, product and service providers (and their successors and assigns) (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees and costs, related to your violation of this Agreement or your use of the Site.
  7. Nontransferable.
    Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
  8. Disclaimer and Limits.
    THE INFORMATION AND SERVICES PROVIDED ON, FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WAIVER, RELEASE AND ELIMINATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT PROVIDE LEGAL ADVICE NOR ENTER INTO ANY ATTORNEY-CLIENT RELATIONSHIP OR PROVIDE MEDICAL ADVICE OR SERVICES AND YOU WILL NOT HAVE ANY DOCTOR-PATIENT RELATIONSHIP WITH FIT LIVIN OR ANY PERSON ACTING ON BEHALF OF US.

    ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. NEITHER WE NOR ANY OF OUR AFFILIATED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. WE AND OUR AFFILIATED PARTIES MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE APPLICABLE PURCHASE PRICE, IF ANY, YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
  9. Use of Information.
    We reserve all rights to the use and assignment of all information regarding or related to the Site, uses by you and all information provided by you in any manner consistent with this Agreement and our Privacy Policy, and you authorize us to do so. All remarks, suggestions, ideas, graphics, or other information communicated by you to us through the Site (collectively, the "Submissions") will forever be the property of Fit Livin. Fit Livin will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Fit Livin products, services or operations. Without limitation, Fit Livin will have exclusive ownership of all present and future existing rights to all of the Submissions of every kind and nature everywhere. Fit Livin will be entitled to use the Submissions for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
  10. Third-Party Products and Services.
    We may allow access to or advertise third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
  11. Third-Party Merchant Policies.
    All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. Fit Livin and each of the Merchants are independent contractors and neither party has authority to make any representation or commitments on behalf of the other.
  12. Payments.
    You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
  13. Physical Exercise, Diet and Advice.
    You acknowledge and agree that neither Fit Livin or any of its successors or assigns, nor any of their respective owners, stockholders, members, affiliates, directors, officers, employees, agents, independent contractors, attorneys, staff, advertisers, product and service providers (and their respective successors and assigns) will provide (or be deemed to provide) medical advice to you and that any recommendations made on the Site shall not constitute medical advice by a physician or other medical provider. You acknowledge and agree that (i) you and your personal physician are solely responsible for determining what, if any, physical exercise you can or should engage in and what, if any, diet modifications or changes you can or should make; (ii) you are solely responsible for the consequences of engaging in any physical exercise or of any modifications or changes in your diet; (iii) physical exercise and/or diet modifications or changes involve risks, inherent and otherwise, that cannot be eliminated and which may cause serious injury or illness, including but not limited to, paralysis, heart related injuries, strokes, seizures or even death to you or other persons and/or loss or damage to your property or to the property of other persons, and you accept all of such risks; (iv) you (personally and on behalf of your estate, heirs, next of kin and successors and assigns) unconditionally and irrevocably RELEASE, DISCHARGE, WAIVER AND COVENANT NOT TO SUE Fit Livin and its successors and assigns, and their respective owners, stockholders, members, affiliates, directors, officers, employees, agents, independent contractors, attorneys, staff, advertisers and product and service providers (and their respective successors and assigns) (collectively, the "Releasees") from any and all damages, claims, causes of action, losses, liabilities and lawsuits, whatsoever, at law, in equity, by statute or otherwise, whether known or unknown, vested or not vested, fixed or contingent, executory or otherwise, which you or your estate, heirs, successors or assigns ever have, claim to have or may now or in the future have for any injury, including but not limited to death, damage or any claimed injury or damage (personal or property), whether physical, emotional, pecuniary or otherwise, arising out of or in any manner, directly or indirectly, related to any advice, statement made, opinion rendered, information provided or shared or any other act or omission of one or more of the Releasees (and this release and discharge includes, but is not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of one or more of the Releasees); and (v) you agree to INDEMNIFY, HOLD HARMLESS AND DEFEND in any action or proceeding the Releasees (and each of them) against any and all claims, lawsuits, losses, damages, actions, suits, proceedings, claims, and expenses, including reasonable attorneys' fees and costs, that you or anyone on your behalf (including but not limited to you and your estate, heirs or next of kin, representatives, successors or assigns) have or might have for any injury, including death, damage or claimed injury or damage, whether physical, emotional, pecuniary or otherwise arising from or relating in any respect to any advice, statement made, opinion rendered, information provided or shared or any other act or omission of one or more of the Releasees.
  14. Links to Other Web Sites.
    The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
  15. Copyrights and Copyright Agents.
    We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. A description of the copyrighted work that you claim has been infringed;
    3. A description of where the material that you claim is infringing is located on the Site;
    4. Your address, telephone number, and e-mail address;
    5. 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
    6. 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. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to _________________________.

  16. Dispute Resolution.
    You and Fit Livin agree that, except as may otherwise be provided in any specific terms applicable to content, products or services provided by or through the Site, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, the Site and/or the content, products or services provided by or through the Site (including your visit to or use of the Site and/or the content, products or services provided by or through the Site) shall be final and binding arbitration, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules applicable to the Site and/or the content, products or services provided by or through the Site, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought before, during or after the pendency of any arbitration proceeding brought pursuant to this Agreement, or in lieu of such proceedings. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes) and in these Terms of Use. In rendering a decision, the arbitration panel shall follow the law of the United States and of the state of Indiana, and shall not use equitable or other principles which would permit the panel to ignore this Agreement or the law. The arbitration panel's award shall be binding and may be entered as a judgment in any court of competent jurisdiction, provided, however, that errors of law may be appealed to a court of competent jurisdiction for review. Any award in arbitration shall be subject to all dollar and other limitations set forth in this Agreement. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE AND/OR THE CONTENT, PRODUCTS OR SERVICES PROVIDED BY OR THROUGH THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the content, products or services provided by or through the Site (including your visit to or use of the Site and/or the content, products or services provided by or through the Site) be instituted more than one (1) year after the cause of action arose

  17. Miscellaneous.
    This Agreement shall be treated as though it were executed and performed exclusively in Indianapolis, IN and shall be governed by and construed in accordance with the laws of the State of Indiana (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in federal or state courts located in Indianapolis, IN. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Fit Livin's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.