AMBASSADOR TERMS & CONDITIONS
This web page represents a legal document and is the Ambassador Terms & Conditions (Agreement) for Team FIT 365 Investment, LLC. and www.fit365.com.
By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
AMBASSADOR TERMS & CONDITIONS
Congratulations on qualifying to be a Fit365® Ambassador. Team FIT Investment, LLC (“Fit365®”, “Us”, “We”, “Our”, or “Company”) are excited about the opportunity to work with you. Before moving forward, however, you must familiarize yourself with the following Fit365® Ambassador Terms & Conditions.
The Fit365® Ambassador Terms & Conditions provided below are in addition to the standard Team FIT Investment, LLC Terms & Conditions, which are available here and incorporated herein by reference.
The Team FIT Investment, LLC Terms & Conditions and the Fit365® Ambassador Terms & Conditions (collectively, the “Terms” or “Agreement”) are a legally binding contract between you and Company. BY BECOMING AN AMBASSADOR, YOU AGREE TO ALL OF THE TERMS AND TO FULLY COMPLY WITH AND ABIDE BY THE AGREEMENT. Therefore, we ask that you PLEASE READ THE FOLLOWING TERMS CAREFULLY.
1) ARBITRATION NOTICE
As stated above, the Team FIT Investment, LLC Terms and Conditions are part of the Terms. This includes, without limitation, THE MANDATORY ARBITRATION AGREEMENT CONTAINED THEREIN. THE ARBITRATION AGREEMENT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH COMPANY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, AND REQUIRES YOU TO FOREGO THE RIGHT TO RESOLVE ANY AND ALL DISPUTES YOU MAY HAVE WITH COMPANY THROUGH COURT PROCEEDINGS OF ANY KIND. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
You must comply with this Agreement to participate in the Program and receive ambassador commissions. You must promptly provide us with any information that we request to verify your compliance with this Agreement. If you violate this Agreement, or if you violate the Ambassador Terms & Conditions of any other applicable agreement you have with us, then, in addition to any other rights or remedies available to us, we reserve the right to permanently (to the extent permitted by applicable law) withhold (and you agree you will not be eligible to receive) any and all compensation due to you under this Agreement, whether or not directly related to such violation without notice and without prejudice to any right of Company to recover damages in excess of this amount.
Our customers are not, by virtue of your participation in the Program, your customers. As between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the Company website will apply to those customers and may be changed at any time. You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers for a matter relating to interaction with Company or a Fit365® product, you will state that those customers must contact the Company to address customer service issues.
1) You represent, warrant, and covenant that (a) you will participate in the Program and create posts in accordance with this Agreement, (b) neither your participation in the Program nor your creation of your Posts will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you (including all such rules governing communications, data protection, advertising, and marketing), (c) you are lawfully able to enter into contracts (e.g. you are not a minor or otherwise legally prevented from contracting), (d) you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement, (e) the information you provide in connection with the Program is accurate and complete at all times.
2) EXCEPT AS PROVIDED FOR IN THESE TERMS, THE PROGRAM, PRODUCTS, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PROGRAM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PROGRAM, PRODUCTS, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PROGRAM, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY PORTION OF THE PROGRAM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PROGRAM (INCLUDING RECEIPT OF FREE PRODUCTS), WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND COMPANY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY WILL CREATE ANY WARRANTY REGARDING COMPANY, PRODUCTS, OR THE PROGRAM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PROGRAM, PRODUCTS, AND YOUR DEALING WITH ANY OTHER PERSON. YOU UNDERSTAND AND AGREE THAT YOU PARTICIPATE IN THE PROGRAM AND USE THE COMPANY PRODUCTS AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PROGRAM) OR ANY LOSS OF DATA.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT COMPANY IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Company and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of (a) your participation in the Program and (b) a breach of these Ambassador Terms & Conditions.
These Fit365® Ambassador Terms & Conditions incorporate the Team FIT Investment, LLC Terms & Conditions set forth as if fully set forth herein. The Team FIT Investment, LLC Terms & Conditions explain that “Supplemental terms shall prevail over these Terms only in the event of a conflict ….” For the avoidance of doubt, unless a term contained herein creates a direct and irreconcilable conflict with a term contained in the Team FIT Investment, LLC Terms & Conditions, no conflict shall be found. Thus, by way of example only, the fact that there is a section on indemnification in both documents does not mean that there is a conflict. Wherever it is possible for the terms of both documents to apply they shall.
The term begins upon your acceptance to become a Fit365® Ambassador and will continue unless the Company decides to terminate the Agreement, which it may do at any time for any reason or no reason and with or without notice to you. You may terminate your Fit365® Ambassador account at any time by sending us an email to firstname.lastname@example.org stating your desires to terminate this Agreement.
AMBASSADOR TERMS & CONDITIONS MODIFICATION
Company reserves the right to modify or discontinue the Program at any time (including by limiting or discontinuing certain products or features of the Program), temporarily or permanently, without notice to you. Company will have no liability for any change to product offerings or the Program or any suspension or termination of your access to or participation in the Program.
LIMITATION OF LIABILITY
QUESTIONS ABOUT OUR AMBASSADOR TERMS & CONDITIONS
If you have any questions about Team FIT Investment, LLC. or anything herein this Terms & Conditions, please don’t hesitate to contact us at:
ATTN: AMBASSADOR TERMS CONDITIONS AGENT
Team FIT Investment, LLC.
4692 Da Vinci St., San Diego, CA 92130
Contact Phone Number – +858 365-0438
Contact Email Address – email@example.com
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