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.

1. You agree not to use the Service for any commercial uses except as required by FIT2order in order to provide services to FIT2Order, or unless you obtain FIT2order’s prior written approval.
2. You agree not to copy, upload, republish or distribute in any medium any part of the Service (including the Content, and including screenshots) without FIT2Order’s prior written authorization, unless FIT2order makes available the means for such distribution through functionality offered by the Service (such as a built-in sharing flows or an Embeddable Video Player).
3. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Nothing in these Terms gives you a right to use the FIT2Order, connect2FIT or band2FIT’s name or any of the FIT2order trademarks, logos, domain names, and other distinctive brand features
4. You agree not to use or launch any automated system on the Service, including without limitation, "robots," "spiders," or "offline readers," (other than individually performed searches on publicly accessible search engines or for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices of the Service).
5. You agree not to introduce viruses or any other computer programs that interrupt, tamper, alter, amend, disable, overburden, or gain unauthorized access to the Service, including FIT2order or third-party servers, computer network, or user accounts.
6. You agree to not access or tamper with the public or non-public areas of the Service, FIT2order’s computer systems, or the technical delivery systems of FIT2order’s providers.
7. You agree to not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
8. You agree not to solicit, collect or harvest any personally identifiable information, including account names, from the Service, or from FIT2order, connect2FIT, band2FIT or Chronic Condition e-learning Module users.
9. You agree not to use the communication systems provided by the Service (e.g., comments, messaging) for any commercial solicitation purposes or to spam users of the Service.
10. You agree not to solicit, for any purpose, any users of the Service.
11. You agree to comply with all applicable laws in your use of the Service, including patent, trademark, copyright, privacy, or other proprietary rights.
12. We reserve the right to immediately terminate or restrict your account or your use of the Service or access to Content at any time, without notice or liability, if FIT2order determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Service or access to Content if such use places an undue burden on our networks or servers. 

Mobile Application

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.

1. You agree to provide accurate and complete information when creating your account, and it is your responsibility to maintain and promptly update your account information to keep it true, accurate, current and complete.
2. FIT2order, connect2FIT, band2FIT and Chronic Condition e-learning Content is not directed to persons under 18 years of age, and by providing information about yourself to FIT2order you are representing that you are eighteen 18 years of age or older. In consideration of your use of the Service, 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 any other applicable jurisdiction.
3. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FIT2order reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
4. You agree to never use another’s account without permission.
5. You may not share, give or sell your password or username to any person or entity.
6. You are solely responsible for the activity that occurs on your account. Notify FIT2order immediately of any breach of security or unauthorized use of your account. FIT2order is not liable for your losses caused by an unauthorized use of your 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.

Corporate Memberships

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:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at FIT2order’s websites, and information reasonably sufficient to permit FIT2order to locate the material.
• Information reasonably sufficient to permit FIT2order to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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

Copyright Protection

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.

Privacy Statement

By signing up for or using FIT2order Services, you consent to the collection and uses of your information as described in this Privacy Statement and as set forth in detail in FIT2order’s Privacy Policy.

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.

With connect2FIT, we may share aggregated or non-personally identifiable information with our partners or others in order to secure agreements or demonstrate the health of the business. We may also share information with third party companies or individuals we employ to collect and process data, such as contractors, consultants, and accountants, who agree to abide by this Privacy Policy. We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction involving or proceeding that involves the transfer of the information described in this Privacy Policy. We may disclose information reasonably necessary to comply with a law, regulation or legal request.

Warranty Disclaimer

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

 

• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES EQUIPMENT, MATERIALS, GOODS, PUBLICATIONS, AUDIO CONTENT, VIDEO CONTENT AND OTHER MATERIALS,

• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,

• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR

• 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 SERVICES. FIT2Order DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FIT2ORDER 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 of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL:

 

• FIT2ORDER BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, UPLOADING OR DOWNLOADING ANY CONTENT TO OR FROM FIT2ORDER, CONNECT2FIT, BAND2FIT OR CHRONIC CONDITION E-LEARNING MODULES WEBSITE OR SERVICES,

• FIT2ORDER BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING FROM OR RELATING TO THE SERVICES OR FIT2ORDER, CONNECT2FIT, BAND2FIT OR CHRONIC CONDITION E-LEARNING MODULES WEBSITES AND SERVICES, EVEN IF FIT2ORDER KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND

• FIT2ORDER’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND FIT2ORDER’S WEBSITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO FIT2ORDER FOR THE SERVICES AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. FIT2ORDER DISCLAIMS ALL LIABILITY OF ANY KIND OF FIT2ORDER’S LICENSORS AND SUPPLIERS.

 

Jurisdiction

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.

Indemnity

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.

Arbitration

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.