Welcome to Fitmotivation.com. The Fitmotivation website (hereinafter referred to as the “Website”) is designed to: Provide fitness professionals with streaming videos that provide ideas and education for instructing aquatic exercise classes.
This Agreement sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Subscriber” (which means that you have registered on the Website as a user). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
General Registration Requirements
If you wish to become a Subscriber/Member you must read this
Agreement during the registration process. In consideration of
your use of the Website, you represent that you are of legal age
to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other
applicable jurisdiction. You also agree to:
Health Disclaimer
Physical exercise, in all of its forms, including but not limited
to aquatic fitness activities with and without equipment that may
be suggested and depicted in Fitmotivation Website content, is a
strenuous physical exercise that may cause injury or
physical/mental exhaustion. Accordingly, you are urged and advised
to seek the advice of a physician before engaging in or teaching
any physical exercise regimen, routine, program or using any
suggested equipment, shown in any of the video clips on the
Website or sold in the Fitmotivation Marketplace. Users assume all
risks of products recommended, reviewed and sold in the
Fitmotivation Marketplace. Fitmotivation is not a medical
organization and its instructors or staff cannot give you medical
advice or diagnosis. All suggestions and comments relating to the
use of equipment, poses, moves and instruction are not required to
be performed or taught by you and are carried out at your election
while viewing Fitmotivation videos. Nothing contained in this
Website should be construed as any form of such medical advice or
diagnosis. By using the Website you represent that you understand
that physical exercise involves strenuous physical movement, and
that such activity carries the risk of injury whether physical or
mental. You understand that it is your responsibility to judge
yours and your students physical and mental capabilities for such
activities. It is your responsibility to work within your own
physical limitations and capabilities and encourage your students
to do so as well. You understand that instruction provided in
Fitmotivation videos may suggest physical adjustments or the use
of equipment and it is your sole responsibility to determine if
any such suggested adjustment or equipment is appropriate for your
level of ability and physical and mental condition and that of
your students.
You hereby expressly waive and release any claim that you may
have at any time for injury (of yourself or your students) of
any kind against Fitmotivation Inc, or any person or entity
involved with Fitmotivation Inc, including without limitation
its directors, principals, video instructors, independent
contractors, employees, agents, contractors, affiliates and
representatives.
Minors
By providing information about yourself to Fitmotivation, you are
representing that you are eighteen (18) years of age or older.
Minors in your household participating in these videos are under
your responsibility and safekeeping.
Member Account, Password & Security
If you register on the Website, you will be required to choose a
password and user name. You are responsible for maintaining the
confidentiality of your password and account information, and are
fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify
Fitmotivation Inc of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you
log out from your account at the end of each session. You may
never use another Member’s account without prior authorization
from Fitmotivation Inc. Fitmotivation Inc will not be liable for
any loss or damage arising from your failure to comply with this
Agreement.
Security Components
You understand that the Website and software embodied within the
Website may include security components that permit digital
materials to be protected, and that use of these materials is
subject to usage rules set by Fitmotivation Inc/or content
providers who provide content to Fitmotivation. You may not
attempt to override, disable, circumvent or otherwise interfere
with any such security components and usage rules embedded into
the Website.
Proprietary Rights
All materials on the Website, including, without limitation,
names, logos, trademarks, images, text, columns, graphics, videos,
photographs, illustrations, artwork, software and other elements
(collectively, “Material”) are protected by copyrights, trademarks
and/or other intellectual property rights owned and controlled by
Fitmotivation Inc and third party providers. You acknowledge and
agree that all Materials on the Website are made available for
limited, non-commercial, personal use only. Except as specifically
provided herein or elsewhere on this Website, no Material may be
copied, reproduced, republished, sold, downloaded, posted,
transmitted, or distributed in any way, or otherwise used for any
purpose, by any person or entity, without Fitmotivation’s prior
express written permission. You may not add, delete, distort, or
otherwise modify the Material. Any unauthorized attempt to modify
any Material, to defeat or circumvent any security features, or to
utilize the Website or any part of the Material for any purpose
other than its intended purposes is strictly prohibited.
Fitmotivation Inc and Third Parties/Other Websites
Any reference to any third party on the Website is provided to you
for informational purposes only. Fitmotivation Inc encourages you
to conduct your own research and due diligence regarding such
third parties and their products and services. While Fitmotivation
Inc works to ensure the information on the Website is current and
accurate, Fitmotivation Inc does not warrant the accuracy of any
information contained on the Website.
Our Website may contain links to other sites owned by third
parties (i.e. advertisers, affiliate partners, strategic partners,
or others). We are not responsible for examining or evaluating,
and we do not warrant the products or offerings of, any of these
businesses or individuals, or the accuracy of the content of their
website. Fitmotivation Inc does not assume any responsibility or
liability for the actions, product, and content of any such
website. Before you use any third party website, you should review
the applicable terms of use and policies for such website. If you
decide to access any such linked website, you do so at your own
risk.
Termination or Suspension of Account
You agree that Fitmotivation Inc may at any time and for any
reason, including a period of account inactivity, terminate your
access to the Website, or restrict or suspend your access to all
or any part of the Service at any time, for any or no reason, with
or without prior notice, and without liability.
International Use Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Privacy Policy
Fitmotivation Inc respects your privacy and permits you to be
fully knowledgeable and control certain aspects of the treatment
of your personal information as set forth in Fitmotivation Inc’s
Privacy Policy. A complete statement of the current privacy policy
can be found on the website - Privacy Policy. The Privacy Policy
is expressly incorporated into this Agreement by this reference.
Preservation/Disclosure
You acknowledge, consent and agree that Fitmotivation Inc may
access, preserve and disclose your account information and Content
if required to do so by law or in a good faith belief that such
access, preservation or disclosure is reasonably necessary to: (a)
comply with legal process nationally or internationally; (b)
enforce this Agreement; (c) respond to claims that any Content
violates the rights of third parties; (d) respond to your requests
for customer service; (e) protect the rights, property or personal
safety of Fitmotivation Inc, its Members and the public; or (f)
pursuant to the Terms & Conditions and Privacy Policy of this
website.
Terms and Termination
This Agreement shall remain in full force and effect for so long
as it is posted on any of the Website. You may terminate your
membership at any time, for any reason, by following the
instructions on the Website. If you cancel your membership before
the end of the applicable billing cycle, you will not receive a
refund for the current billing period. Access to the site ends the
moment you terminate your membership.
Fitmotivation Inc reserves the right to terminate your account or
your access to the Website immediately, with or without notice to
you, and without liability to you, if Fitmotivation Inc believes
that you have breached any of the terms of this Agreement,
furnished Fitmotivation Inc with false or misleading information,
or interfered with use of the Website or the Service by others.
Membership
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.
THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMITTED BY LAW, Fitmotivation Inc, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
Fitmotivation Inc MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT
OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Fitmotivation
Inc SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
Fitmotivation Inc DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Fitmotivation Inc
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation on Liability
IN NO EVENT SHALL Fitmotivation Inc, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Fitmotivation
Inc SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO
OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT Fitmotivation Inc IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Fitmotivation Inc SHALL NOT BE
LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR
DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS
WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY
Fitmotivation Inc OR ANY OF ITS EMPLOYEES. Fitmotivation Inc IS
NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT ON THE WEBSITE OR
THIRD PARTY WEB PAGE ACCESSED FROM THIS WEBSITE, NOR DOES
Fitmotivation WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN
A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
Exclusions and Limitations
Those who access or use the Website from other jurisdictions do so
at their own volition and are responsible for compliance with
local law. Some jurisdictions do not allow the exclusion of
certain warranties or the limitation or exclusion of liability for
incidental or consequential damages. Accordingly, in certain
jurisdictions, some of the above limitations of liability may not
apply to you; all other provisions of this Agreement remain in
full force and effect.
Indemnity
You agree to defend, indemnify and hold harmless Fitmotivation
Inc, its subsidiaries, video instructors, affiliates,
subcontractors, officers, directors, employees, consultants,
representatives and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorneys’ fees and costs)
arising from: (i) your use of and access to the Website; (ii) your
violation of any term of this Agreement; (iii) your violation of
any third party right, including without limitation any copyright,
property, or privacy right; or (iv) any claim that one of your
submissions of Content caused damage to a third party. This
defense and indemnification obligation will survive this Agreement
and your use of the Website.
Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend
or discontinue, temporarily or permanently the Service or any of
the Website (or any portion thereof) with or without notice. You
agree that we will not be liable to you or to any third party for
any such modification, editing, deletion, suspension or
discontinuance of the Service or the Website.
Assignment
This Agreement and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by
Fitmotivation Inc without restriction.
Integration Clause
This Agreement together with the Privacy Policy and any other
legal notices published by Fitmotivation Inc on the Website, shall
constitute the entire agreement between you and Fitmotivation
concerning the Website and governs your use of the Website and
Service, superseding any prior agreements between you and
Fitmotivation Inc with respect to the Website and Service.
Waiver and Severability of Terms
The failure of Fitmotivation Inc 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 invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties’ intentions as reflected in the provision,
and the other provisions of this Agreement remain in full force
and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of
the Website, the Service or this Agreement must be filed within
one (1) year after such claim or cause of action arose or be
forever barred.
Governing Law and Venue
This Agreement shall be governed by the laws of the State of
Florida, without respect to its conflict of laws principles. Any
claim or dispute between you and Fitmotivation Inc that arises in
whole or in part from the Website, shall be decided exclusively by
a court of competent jurisdiction located in Sarasota County,
Florida You agree that: (a) the Website shall be deemed solely
based in Florida; and (b) the Fitmotivation Website shall be
deemed a passive website that does not give rise to personal
jurisdiction over Fitmotivation Inc, specific or general, in
jurisdictions other than Florida.
Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and
are fully able and competent to enter into this Agreement,
conditions, obligations, affirmations, representations, and
warranties set forth in this Agreement, and to abide by and comply
with this Agreement.
General
Fitmotivation Inc reserves the right to amend this Agreement at
any time and without notice, and it is your responsibility to
review this Agreement for any changes. Your use of the Website
following any amendment of this Agreement will signify your assent
to and acceptance of its revised terms. Questions? If you have any
questions regarding this Agreement or the Website, feel free to
contact us by email at
support@fitmotivation.com