4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
14. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: November 10, 2015
FIT2Order Terms and Conditions of Use and Medial Clearance
Acceptance of Terms and Conditions Agreement to be Bound
These TERMS AND CONDITIONS, including the ARBITRATION CLAUSE, (“Terms”) are agreed to by and between FIT2Order, LLC, also trading as connect2FIT, band2FIT, and Chronic Condition e-learning Modules (“FIT2Order,” “connect2FIT,” “band2FIT,” and “Chronic Condition e-learning Modules,” “We”) and all customers, clients and users as set forth herein (“You”). These terms govern your access to and use of the websites, products, data, services and Content provided to you on, from or through the FIT2Order.com, connect2FIT.com and band2FIT.com websites and Chronic Condition e-learning products, mobile or tablet apps, any software, applications, membership portals and affiliated companies (“Service”). We reserve the right to withdraw or amend the Service, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. As used herein, “Content” includes the logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials you may view on, access through, or contribute to the Service.
By accessing and using the Service, you agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Services (your “Company“), to be bound by and comply with the following terms and conditions of use and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Services. We may change these Terms at any time, and all such changes are effective upon its posting on the website. You agree to be bound by any modification to these Terms when you use the website after any such modification is posted; it is therefore important that you review these Terms regularly.
Conditions for General Use
We provide Content through websites and through the Service that is copyrighted and/or trademarked work of FIT2Order or FIT2Order’s third-party licensors and suppliers or other users of the Content.
Subject to the Terms, and your compliance with these Terms, FIT2Order hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the Service, including FIT2Order’s, connect2FIT’s, band2FIT’s and Chronic Condition e-learning websites and products, solely for your personal use. Except for the foregoing license, you have no other rights in the Service or Content and you may not modify, edit, copy, reproduce, creative derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Service, including FIT2Order’s, connect2FIT’s, band2FIT’s and Chronic Condition e-learning websites and products or any Content in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Content.
FIT2order makes available software that allows you to access the FIT2order.com, connect2FIT.com, band2FIT.com and Chronic Condition e-learning products and websites and the Service from a mobile device ("Mobile Application"). To use the Mobile Application you must have a mobile device that is compatible with the mobile service. FIT2order does not warrant that the Mobile Application will be compatible with your mobile device. FIT2order hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use.
General Registration Requirements
In order to access some features of the Service, you will have to create a FIT2order, connect2FIT, band2FIT and/or a Chronic Condition e-learning module account.
Your Content Submissions
Whether you are a “Visitor” (which means you browse the website(s)) or you are a “Member” (which means you are a registered user), you may submit content to the Service, including photos, videos, and user comments (“Content Submissions”). All Content Submissions become the property of FIT2order and can be used, displayed, transmitted and/or published by FIT2order in any media format. You understand the FIT2order does not guarantee any confidentiality with respect to any Content you submit. FIT2order does not endorse any Content submitted to the Service, and FIT2order expressly disclaims any and all liability in connection with Content. FIT2order does not permit copyright infringement of intellectual property on the Service and reserves the right to remove all Content without prior notice. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content posted by you or through the Service.
Ownership of Content/Content Submissions
You understand and agree that FIT2order is, and will remain, the exclusive owner of all right, title, interest, including, without limitation, all copyright rights in and to the connect2FIT, band2FIT and Chronic Condition e-learning modules video and audio recordings, all Content, Content Submissions, and all commercial, informational, advertising or promotional products, services or other materials or content developed in connection with the Service.
Links to Third-Party Sites.
FIT2order.com, connect2FIT.com, band2FIT.com and Chronic Condition e-learning modules link to other sites, including but not limited to, social networking, blogging and similar websites through which you are able to log into the Services using your account and log-in credentials for such third-party sites and websites. In certain situations, you may be transferred to a Third-Party Site, but it may appear that you are still on a FIT2order site. FIT2order does not make any representations or take responsibility for such Third-Party Sites. You agree that FIT2order will not be responsible or liable directly or indirectly for any goods, services, information, resources or content through any Third-Party Sites.
Health Disclaimer and Medical Clearance
FIT2order is not responsible for any injuries that result from participating in the activities shown on the Service. You expressly waive and release any claim that you may have at any time for injury of any kind against FIT2order, or any person or entity involved with FIT2order, including without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
The Services of FIT2order, connect2FIT, band2FIT and Chronic Condition e-learning Modules do not provide medical advice. The websites and products are designed for educational and informational purposes only. The information contained herein is not intended to substitute for informed medical advice. You should not use this information to diagnose or treat a health problem or disease without consulting a qualified health care provider. Do not alter anything in your treatment plan based upon the information on this site; always consult with your physician before starting a fitness regime.
It is advised that you seek the advice of a physician before beginning any nutrition and/or physical exercise regimen, routine, or program, including participating in any nutritional plan, diet plan, use of supplements and any of the activities shown on the Service, including the use of any suggested equipment shown in any of the Content. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy or have physical discomfort, you should stop immediately.
By using the Service you represent that you understand that the practice of physical exercise and the use of equipment such as weights or resistance bands, other weight bearing exercise equipment, steppers, bikes, treadmills involve strenuous physical movement and that such practice carries the risk of injury whether physical or mental. You understand that, regardless of your physical condition, it is your responsibility to judge your physical and mental capabilities for practicing physical exercise. It is your responsibility to ensure that by participating in classes and activities from the Service, you will not exceed your limits in, and you will select the appropriate level of classes for your skills and abilities. You understand that instructors may suggest physical adjustments, movements of modifications or the use of equipment and it is your sole responsibility to determine if said suggestions are appropriate for you. You expressly waive and release any claim that you may have at any time for injury of any kind against FIT2order, connect2FIT, band2FIT, Chronic Condition e-learning Modules or any person or entity involved with FIT2order, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
THE USE OF THIS SERVICE BY YOU AND YOUR COMPANY IS AT YOURS AND ITS SOLE RISK. ACCORDINGLY, THE SERVICE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CHRONIC ILLNESS, TITLE AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
The Services are provided to you because of your employment with your Company. You understand that on the date of termination of your employment with Company, your membership terminates on that date as well. Upon termination of employment, your user name and password will be disabled.
Intellectual Property Infringement
FIT2order respects the intellectual property rights of others, and we ask you to do the same. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our websites, please provide FIT2order’s designated agent the following information:
FIT2order’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: FIT2order’s Copyright Infringement Agent, 606 Bosley Avenue, Suite 2C, Towson, MD 21204
You understand and agree that we own, or (where applicable) we have lawfully licensed from or contracted with third parties, all right, title and interest in and to the Service and all of the content, and that you acquire no ownership interest by accessing or using the Services or the content. No content (including but not limited to text, graphic image, photo, audio/video clips, or computer/internet programming code) contained on this Site may be downloaded printed or distributed via print or electronic format for any commercial use or other use not expressly authorized herein without prior written consent from FIT2order, LLC.
When you use connect2FIT’s Services, we collect information about the actions you take, including watching, commenting (e.g. “like,” “favorite,” “dislike” and other similar statements), searching for and collecting videos, entering comments or annotations, and following topics or users. All of the actions you take on connect2FIT are public, and may be visible to other users, or published to your linked Third-Party Services accounts with your consent. We have implemented security precautions to protect the personal information we collect. However, no data transmission or storage is 100% effective.
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FIT2Order, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS ASSIGNESS AND ALL SUCCESSORS IN INTEREST DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. FIT2Order MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO FIT2ORDER, CONNECT2FIT, AND BAND2FIT’S WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL:
These Terms will be construed and enforced in accordance with the laws of the State of Maryland. You and your Company submit to personal jurisdiction in Maryland, and any cause of action arising under these Terms or otherwise involving these Services will be brought exclusively in a court in Baltimore, Maryland. You hereby knowingly and voluntarily waive the right to a jury trial in any actions, suits or proceedings arising out of or relating to these Terms.
You agree to defend, indemnify and hold harmless FIT2order, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses, including attorney’s fees arising from your use and access to this Service.
You and FIT2order both agree to arbitrate all disputes and claims arising out of the Service and/or the Terms and Conditions. We agree to resolve any claims relating to the Service and/or these Terms and Conditions through final and binding arbitration. You may opt out of this agreement to arbitrate only as set forth below. If you do so, neither you nor FIT2order can require the other to participate in an arbitration proceeding. To opt out, you must notify FIT2order in writing within 30 days of the date that you accept these Terms. You must use this address to opt out: FIT2Order, LLC ATTN: Arbitration Opt-out, 606 Bosley Ave, Suite 2C, Towson, MD 21204. You must include your name and address, email and a clear statement that you want to opt out of this arbitration agreement. The arbitration shall be conducted in the state of Maryland and on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
Ability to Accept Terms
You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations affirmations and warranties set forth in these Terms.