Terms and Conditions
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.
- The Website is not directed for persons under 18 years of age.
- The Website is owned by Fitmotivation Inc.
- These Terms & Conditions of use apply to all videos, products, services and programming provided by Fitmotivation Inc.
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:
- Provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website
- Maintain and update your Registration Data to keep it true, accurate, current and complete.
- For your information and personal use
- As intended through the normal functionality of the Fitmotivation website and services
- For Streaming, (“Streaming” as in a contemporaneous digital transmission of an audiovisual work via the Internet from the Fitmotivation website to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing Website videos for any purpose or in any manner other than Streaming is expressly prohibited.
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
- No Sharing. Members of the Fitmotivation Website may not share, give or sell their password or username to any other person or entity outside of your immediate family/household. Excessive viewings or logins by any Member will be construed by Fitmotivation Inc as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When subscribing to the website you agree to take all actions possible to protect your username and password from fraudulent use.
- Fraudulent Use. Fitmotivation Inc reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
- Billing. Memberships are billed monthly or yearly. All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of this Agreement, Fitmotivation Inc will not reimburse the Member for the remainder of any paid month or year, nor will reimbursements be made for membership cancellations prior to any monthly or yearly renewal date. Subscribers may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges.
- Pricing. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Fitmotivation Inc later increases the price of the subscription, Fitmotivation Inc will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 15 days prior notice before the charge is made. If you are given less than 15 days prior notice, the price increase will not apply until the payment after the next payment due.
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 [email protected]