TERMS AND CONDITIONS AGREEMENT BETWEEN USER AND Fitnessearth, INC.
(d/b/a FITNESSEARTH.com)


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TERMS OF USE

Please read this agreement (“Agreement”) carefully before accessing or using the Fitnessearth Web site at www.fitnessearth.com (the “Site”). By accessing or using the Site, you agree to be bound by this Agreement. (d/b/a Fitnessearth.com) (“fitnessearth”) provides information and services on the Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices. Additionally, your use of the Site is subject to the additional disclaimers and notices that may appear throughout the site and to the terms and conditions of the Liability Release Agreement discussed below.

Fitnessearth and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site or provided to you by a Fitnessearth representative. While Fitnessearth strives to keep the information on this Site accurate, complete and up-to-date, Fitnessearth and its representatives can not guarantee, and will not be responsible for any damages or loss related to, the accuracy, completeness or timeliness of the information.
LIABILITY RELEASE AGREEMENT

You expressly understand and agree that you will consult your doctor before engaging in any plan designed by a Fitnessearth experts. You hereby release Fitnessearth and its respective heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors and all others (“RELEASEES”) from any and all responsibilities or liability from injuries or damages resulting from or connected to your participation in any of the programs or services purchased from Fitnessearth whether arising from the negligence of the RELEASEES or otherwise.

You further acknowledge and understand that Fitnessearth and its employees are sufficently qualified. Fitnessearth uses all the latest know-how and research update in training and consultation. Any information or guidelines provided by Fitnessearth carries no warranty of any kind, express or implied, including but not limited to warranties regarding safety or suitability for a particular purpose.

This waiver and release agreement specifically embraces each and every event, activity or purchase sanctioned by said RELEASEES, and has the same effect as if executed after each and every sanctioned event, activity or purchase participated in so that the parties herein intended to be released shall be fully and effectively released as to each and every sanctioned event, activity or purchase.

Fitnessearth cannot guarantee that its products or workouts will be safe, effective or suitable for everyone. For that reason, all such products and services and the programs, techniques and material embodied in such products and services, are offered without warranties or guarantees of any kind, express or implied, and Fitnessearth disclaims any liability, loss or damages that may result from their use.

PRIVACY POLICY

Click here for Fitnessearth’s entire Privacy Policy. This policy may be modified by Fitnessearth at any time.

PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES

Fitnessearth grants you access to the Site during the term of this agreement solely to receive the services and related information on the Site. You may access, download and print, copy and modify materials as necessary to receive the Services. You may not license, create derivative works from, frame in another Web page, use on any other Web Site, or sell any information, database or lists obtained from the Site. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Site without Fitnessearth’s prior written permission. You will comply with all privacy laws. You may not engage in the practices of screen scraping, data mining or any other bulk information gathering in connection with the Site.

PROPRIETARY RIGHTS

All materials on this Site are owned and copyrighted by Fitnessearth. No reproduction, distribution, or transmission of the copyrighted materials on the Site is permitted without the prior written permission of Fitnessearth.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to Fitnessearth that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. If you violate any of these terms, your permission to use the Site automatically terminates.

You may not, without the prior written permission of Fitnessearth, use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Site, data or content found on the Site or accessed through the Site.

YOUR ACCOUNT

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Site is terminated, you (i) cease using the Site and any information obtained from the Site, and ii) destroy all copies of your account information, password and any information obtained from the Site.

Fees are not refundable. Services are not transferable and only you are authorized to use the services you purchase. Anyone who shares or reveals the information received from the services they purchase is violating the conditions of this Agreement. This will result in an automatic termination of your right to use the Site and might lead to civil liability.

Fitnessearth may cancel and destroy any information you have provided to Fitnessearth at any time if Fitnessearth provides a refund for any future services or products which have been ordered and paid for by you.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICES OFFERED AT THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FITNESSEARTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LINKS TO THIRD PARTY SITES

This Site may contain hyperlinks or advertisements to web sites operated by parties other than Fitnessearth, or its affiliates. Said hyperlinks or advertisements are provided for your reference only. Fitnessearth does not control such web sites, and is not responsible for their content. Inclusion of hyperlinks or advertisements by Fitnessearth to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and your access to and use of such sites, including information, material, products and services therein, is solely at your own risk. Furthermore, because the Fitnessearth privacy policy is applicable only when you are on Fitnessearth’s Site, once linked to another web site, you should read that site’s privacy policy before disclosing any personal information.

CHANGE TO SITE OR AGREEMENT

Fitnessearth may make improvements or changes to the information, services, products, and other materials on the Site, or terminate this Site at any time. Fitnessearth may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of the Site shall be deemed your acceptance of the modified Agreement.

MISCELLANEOUS

Failure by Fitnessearth to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the terms of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term of the Agreement.

Fitnessearth and other logos, product and service names are trademarks and service marks owned by or licensed to Fitnessearth. Without the prior written permission of Fitnessearth, you agree not to display or use in any manner, the Marks.