TERMS & CONDITIONS
Please note that the last update to this Terms & Conditions occurred on November 12, 2020.
This web page represents a legal document and is the 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.
Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our Website.
The terms “Fit365®”, “Us”, “We”, or “Our” refers to Team FIT Investment, LLC, the owner of this Website. A “Visitor” is someone that merely browses our Website. A “Member” is someone who has registered with one of our Websites to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
BINDING EFFECT AND ACCEPTANCE OF AGREEMENT
This is a binding agreement. By using the Internet site located at www.fit365.com.
(the “Site” or “Service”) or any services provided in connection with the Site, you agree to abide by these Terms & Conditions as they may be amended by Team FIT Investment, LLC (“Company”) from time to time. Company will post a notice on the Site any time these Terms & Conditions have been changed or otherwise updated.
For any refund and product support inquiries, please email: email@example.com. Also advise that we may ask for follow up feedback before we issue any type of refund or exchange. Know that it is our goal to get you results that last and it’s our mission only to work with clients and customers who are willing to take the information we provide and put it into practice. Feel free to also contact us with feedback as we value your role in the creation of better products, services, and offerings that benefit the Fit365® Members.
These Terms & Conditions shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego, California in all disputes arising out of or related to the use of the site.
By accessing this Site, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein.
OUR RELATIONSHIP TO YOU
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Team FIT Investment, LLC.
The Site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the site and the accounts for any such person shall be terminated upon discovery.
USE OF SOFTWARE
Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by the Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by the Company or its licensors and you may not copy or use them in any manner.
By accessing this Site, you grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that the Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
By accessing our Site and any communications services provided here within, including the capability to contribute material through the contribution form (each such submission, a "Contribution"), chat room, message board, newsgroup, or other interactive service that may be available to you on or through the daily email and site (collectively, the "Services") are provided to you solely for entertainment and informational purposes. By using the Daily Email, Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, the Contribution form and any registration form(s). If any information provided by you is untrue, inaccurate, not current or incomplete, Team FIT Investment, LLC reserves the right to terminate your subscription and refuse any and all current or future use by you of the Services.
Without limitation of the foregoing, you agree to not use this Site or any Services to:
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
- "Stalk" another;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Team FIT Investment, LLC official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Daily Email or Web Site;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary or confidentiality rights of any party;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancel bots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Act in a manner that negatively affects other users' ability to engage in the Daily Email, Web Site or Services;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Daily Email, Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Site or the Content posted by others throughout this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that Team FIT Investment, LLC is not responsible for material submitted to Site or posted to the Site by users. Site does not pre-screen, monitor, review or edit the Content posted by users. However, Team FIT Investment, LLC and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in Site’s judgment, does not comply with these Terms & Conditions or is otherwise undesirable, inappropriate or inaccurate. Team FIT Investment, LLC is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Team FIT Investment, LLC. You agree to immediately notify Team FIT Investment, LLC of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that Team FIT Investment, LLC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Site, its users or the public.
You understand that the technical processing and transmission of the Daily Email and Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. PureWow assumes no responsibility for the deletion, alteration or failure to store postings, Contributions or other information submitted by you or other users to the Site.
Any or all Content on the Site may be purged periodically at the discretion of Team FIT Investment, LLC. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Team FIT Investment, LLC or submitted to this Site, including Content. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of Team FIT Investment, LLC and Site does not support or endorse Content (including any Contribution, whether or not edited by Team FIT Investment, LLC or its designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
By accessing this Site, you shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms & Conditions or of any applicable laws.
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Please visit our DMCA Policy at the bottom of the site pages to view our Digital Millennium Copyright Act takedown policies and to make a claim of infringement. Company’s DMCA Policy is expressly incorporated into this Agreement by this reference.
Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms & Conditions, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
Team FIT Investment, LLC is not responsible or liable in any manner for any Content posted on our Websites or in connection with our Services, whether posted or caused by Members of our Website, or by Team FIT Investment, LLC. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website or Services. Team FIT Investment, LLC is not responsible for the conduct, whether online or offline, of any user of our Website or Services.
Our Websites or Services may be temporarily unavailable from time to time for maintenance or other reasons. Team FIT Investment, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications.
Team FIT Investment, LLC is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website or Services, including without limitation any software provide through our Website or Services.
Under no circumstances will Team FIT Investment, LLC be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Websites or Services, or any interactions between Users of our Website or Services, whether online or offline.
Team FIT Investment, LLC reserves the right to change any and all Content, software and other items used or contained in our Websites or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.
The information, content, and documents from or through our Website are provided “As-Is, “As Available,” with “All Faults” and all warranties, express or implied are disclaimed (including but no limited to the disclaimer or any implied warranties of merchantability and fitness for a particular purpose).
Our Website and services may contain bugs, errors, problems, or other limitations. Team FIT Investment, LLC including our affiliates have no liability whatsoever for your use of our website or services.
Team FIT Investment, LLC cannot guarantee and does not promise any specific results from use of our Website or Services, including but not limited to related software.
Team FIT Investment, LLC does not warrant that our content, our services, or any software founder within are accurate, complete, reliable, current, or error-free or that any such items are free of viruses or other harmful components.
Therefore, you should exercise caution in the use and downloading of any such content or software and use terms “Fit365®", “Us”, “We, or “Our” refers to Team FIT Investment, LLC, the owner of this Website.
All responsibility or liability for any damages caused by viruses somehow attributed to our content, services, and related software is disclaimed. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content and related software from or through our Website or services at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
We, as well as all of our affiliates, 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 negation and limitation of damages set forth above are fundamental elements of the basis of damages set forth above are fundamental elements of the basis of the bargain between you and Team FIT Investment, LLC.
Our Website and services would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through our Website or services shall create any warranty, representation or guarantee not expressly stated in this agreement.
Team FIT Investment, LLC liability to you is limited to the maximum extent permitted by law, in no event shall We be liable for damages of any kind (including, but not limited to special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the Website and other materials or services provide to you by Team FIT Investment, LLC.
This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
FINANCIAL, LEGAL, AND OTHER ADVICE DISCLAIMER
By accessing this Site, you hereby acknowledge that nothing contained in our Websites shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Team FIT Investment, LLC or our Members. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website or Services.
ERRORS, CORRECTIONS, AND CHANGES
We do not represent or otherwise warrant that our Websites will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content of our Website or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website or Services.
Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms & Conditions shall govern your use of any and all third party content.
Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
By accessing this Site, agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms & Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
All contents of Site or Service are Copyright of:
Team FIT Investment, LLC
All rights reserved.
SEVERABILITY AND WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms & Conditions to be unenforceable, all other Terms & Conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms & Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party. Team FIT Investment, LLC grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with these Terms & Conditions. Your use of our Website and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
UNITED STATES USE ONLY
The Site is controlled and operated by the Company from its offices in the State of California. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California and the United States.
Company reserves the right to amend these Terms & Conditions at any time without notice of updated Terms & Conditions. Should Company seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall:
(a) Clearly publish on the homepage the fact an amendment is being made. You may contact us to discuss and contact information so you may discuss the proposed changes with us.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms & Conditions shall be forward looking.
QUESTIONS ABOUT OUR 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: TERMS CONDITIONS AGENT
Team FIT Investment, LLC
4692 Da Vinci St., San Diego, CA 92130
Contact Phone Number – +858 365-0438
Contact Email Address – firstname.lastname@example.org
Fit365® - ©2020, All Rights Reserved.