1) ACCEPTANCE OF THE TERMS AND CONDITIONS.
Welcome to the website of FAST Track to Fit, LLC d/b/a The FITT Cycle, a Texas Limited Liability Company (“Company”, “we” or “us”, “Fast Track”, “FITT Cylce”). The following Terms and Conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use of www.lindsayrenefitness.com,( the “Website”) , including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START TO USE THE WEBSITE. BY USING THE WEBSITE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS AND CONDITIONS IF THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WANT TO AGREE TO THIS TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE. YOU HEREBY CONSENT TO RECEIVING THESE TERMS AND CONDITIONS IN ELECTRONIC FORM.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
If you have any questions regarding the Website, these Terms and Conditions, or the content of the Website, you may contact us at: firstname.lastname@example.org
2) HEALTH WARNINGS AND LIABILITY DISCLAIMER.
THIS WEBSITE AND ITS RELATED MOBILE OR DESKTOP APPLICATIONS ARE AN ONLINE FITNESS SERVICE WITH ITS HEALTH AND FITNESS CONTENTS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY EXERCISE PROGRAM OR FITNESS ACTIVITY. NOTHING STATED HEREIN IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR MEDICAL ADVICE.
YOU ARE ENTIRELY RESPONSIBLE AND ASSUME ALL RISK FOR USE OF THE CONTENT ON THIS WEBSITE AND THE PERFORMANCE OF ANY ACTIVITY DEPICTED HEREIN AS WELL AS THE USE OF ANY SUPPLEMENT, NUTRITION PRODUCT, EXERCISE EQUIPMENT, OR RELATED PRODUCT. YOU SHOULD NOT USE THE CONTENT OR ACTIVITIES PERFORMED OR DESCRIBED THEREIN IN HIGH-RISK ACTIVITIES OR WHERE YOU HAVE ANY PHYSICAL, MEDICAL, OR HEALTH CONDITION WHICH MAY LIMIT OR AFFECT YOUR ABILITY TO PERFORM ANY ACTIVITY DEPICTED OR DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, FAMILY HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE, SMOKING, HIGH CHOLESTROL, BREATHING PROBLEMS, OR HAVE EVER EXPERIENCED CHEST PAIN WHILE EXERCISING.
PERFORMING ANY ACTIVITY DEPICTED OR DESCRIBED ON THIS WEBSITE INVOLVES A RISK OF PERSONAL INJURY AND YOU EXPRESSLY ASSUME ALL RISKS OF HARM. IF AT ANY TIME WHILE YOU ARE PERFORMING ANY ACTIVITY DEPICTED HEREIN YOU FEEL DISCOMFORT, LIGHT-HEADED, NAUSEOUS OR HAVE CHEST OR ANY OTHER PAINS, YOU SHOULD STOP IMMEDIATELY AND CONTACT A DOCTOR OR DIAL 911.
3) INFORMATION WARRANTY DISCLAIMER.
Fast Track is not responsible or liable for any personal information (such as weight, age, gender) posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website is provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Fast Track disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
By accepting these Terms and Conditions, you understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
4) FDA WARNING.
Any recipes, supplement or other products discussed, sold, or recommended on this Website may contain certain statements that have not been evaluated by the US Food and Drug Administration. These statements have not been evaluated by the food and Drug Administration and the products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. We shall not be held liable nor are we responsible for any harm or damage that may result from you purchasing or, creating for your own personal use, any food or beverage that is discussed on the Website.
5) CHANGES TO THE TERMS AND CONDITIONS.
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the Mediation and Arbitration provisions set forth in these Terms and Conditions Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time and every time you access the Website so you are aware of any changes, as they are binding on you.
6) ACCESSING THE WEBSITE AND ACCOUNT SECURITY.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
• Making all arrangements necessary for you to have access to the Website,
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them, and
• Provide correct, current, and complete information if you are asked to provide certain registration details or other information.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
7) INTELLECTUAL PROPERTY RIGHTS.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may use the information provided on the Website for your own non-commercial use to use the Website. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property or information appearing on the Website, without our prior written consent. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms and Conditions shall be interpreted as granting any license of intellectual property rights to you.
You must not:
• Modify copies of any materials from this site.
• Save or download copies of images, graphics, video, or audio content from this site for further reproduction, publication, or distribution.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
• You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
9) PROHIBITED USES.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
• Use the Website or its content in any manner if you have a history of heart disease, high blood pressure, high cholesterol, have experienced chest pains while exercising, are currently pregnant, or have been advised by a doctor or other health care provider to avoid the type of exercise described or shown on the Website.
10) MONITORING AND ENFORCEMENT.
Without limiting the foregoing, we have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
When supplying your own content, you are obliged to comply with all the applicable laws and other legislation of the State of Texas. Regardless of whether or not it constitutes a criminal offense, it is prohibited to supply content of a pornographic, sexual, violent, racist, seditious, discriminatory, offensive and/or defamatory nature.
We are also entitled to delete or remove any content that is unlawful or that infringes the above-mentioned principles at any time. If you infringe the above-mentioned principles, we are entitled to give you a warning or to temporarily block your account or to cancel your subscription for good cause.
However, we cannot undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
11) COPYRIGHT INFRINGEMENT AND DMCA POLICY.
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the Website if such claims are reported to our Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Website by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Website. It is the policy of the Company to terminate the user accounts of repeat infringers.
DMCA Notice of Alleged Infringement (“Notice”)
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown in the Website or the exact location where such material may be found.
3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Designated Copyright Agent whose address is listed at the end of these Terms and Conditions.
12) RELIANCE ON INFORMATION POSTED.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Nothing on this Website is intended to be considered medical or nutrition advice or be considered a treatment, cure, or remedy for any medical problem or disease. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Company specifically makes no representations or warranties:
1. That any particular fitness, nutrition, or health program or exercise is suitable for you;
2. Regarding the adequacy or safety of the fitness, nutrition, or health programs and exercises for any particular user;
3. That using the Website will meet your personal needs or goals;
4. Regarding the results of any particular fitness, nutrition, or health program or exercise; or
5. Regarding the safety or fitness for particular use of any supplement, nutrition product, or fitness products, such as fitness machines and equipment, heart rate monitors, or fitness trackers.
This Website may include content provided by third parties, including but not limited to materials provided by other websites, users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
13) CHANGES TO THE WEBSITE.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
14) ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS.
All purchases through our site or other transactions for the sale of goods or services or information formed through the Website or as a result of visits made by you are governed by these Terms and Conditions.
If you have subscribed for a membership with us, you are granted a limited, personal, non-transferable, and non-exclusive right and license to use the services provided the Website during the term of your subscription. Your use shall be strictly in accordance with these Terms and Conditions. You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the Website or its features. You agree to pay any required amounts for your subscription in order to receive the services provided by the Website. You agree to pay any and all attorney and collection fees arising from efforts to collect any past due amounts from you, as well as interest on any past due amounts owed at the rate of 10% per annum.
If implemented, the Company’s debit or credit card processing services support most US-issued cards with a Visa, MasterCard, Discover, or American Express logo (collectively “the Card Networks”) including credit, debit, or pre-paid. We will only process card transactions that have been authorized by the applicable Card Network or card issuer. Whereas the Card Networks’ verification processes are designed to greatly reduce risk for users, you are solely responsible for any loss resulting from fraud or other unauthorized use of your credit or debit cards. We may use www.stripe.com, a third-party service provider to process the payments through the Card Networks or www.samcart.com. You agree to the Terms and Conditions for use of that provider and understand that they would be solely responsible for the security, privacy, and processing of those transactions.
By accepting these Terms and Conditions, you agree that all products, services, and information provided and fees charged by us are non-refundable and we do not have a refund, return, or exchange policy applicable to the Website unless it is specifically state in writing. The pricing for various products, services, subscriptions, and information are subject to change and we do not guarantee that you will receive the lowest historical cost or best price. You will be charged in accordance with any billing terms that you agreed to at the time you subscribed or purchased a product or service. You expressly authorize us to charge the credit or debit card provided each recurring billing period. If you provide a payment method that results in overdraft, chargeback, or other fee from your bank, you alone are responsible for that fee. Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
IF YOU TERMINATE OR CANCEL YOUR SUBSCRIPTION AFTER YOU HAVE SUBSCRIBED TO THE MEMBERSHIP, WE ARE NOT OBLIGED TO REFUND ANY AMOUNT OF PAYMENT THAT WE HAVE RECEIVED FOR YOUR SUBSCRIPTION. EVEN IF YOU DO NOT OR CHOOSE NOT TO USE THE SUBSCRIPTION OR ACCESS THE WEBSITE, YOU WILL NONETHELESS BE RESPONSIBLE FOR ANY AND ALL FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR UNITL YOUR SUBSCRIPTION IS OTHERWISE TERMINATED BY US. ALL SUBSCRIPTIONS AUTOMATICALLY RENEW UNLESS TERMINATED BY YOUR OR BY US.
Members may subscribe for any one of the following membership tracks:
1. $39.99 Per Month for The FITT Cycle membership;
2. $397 Per year for The FITT Cycle Annual Membership;
Our Website offers the occasional discounts, with codes provided, so be on the lookout!
15) MOBILE SERVICES.
The Website contains services and features that are available on certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or devices. By using the Website on your mobile device, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
Our iOS and Android applications may require you to download a software package (“the Software”) in order to use services related to this Website or the Company. We hereby grant you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Website and services provided by the Company. Your license to use the Software is automatically revoked if you violate these Terms and Conditions in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms and Conditions. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so.
16) GEOGRAPHIC RESTRICTIONS.
The owner of the Website is based in the state of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
17) LIMITATION ON LIABILITY.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, any use of the Website’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.
19) GOVERNING LAW AND JURISDICTION.
All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Houston and Harris County, Texas , although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20) DISPUTE RESOLUTION
A) MEDIATION. If within a period of 60 days the dispute cannot be settled through negotiation then you and Fast Track (collectively the “Parties”) agree to try in good faith to settle the dispute by mediation, administered by the American Arbitration Association under its commercial mediation rules, before resorting to arbitration as provided below. Such mediation or arbitration shall take place in Harris County, Texas. The cost of such mediation or arbitration shall be paid equally by the parties.
B) ARBITRATION. IF NEITHER NEGOTIATION NOR MEDIATION IS SUCCESSFUL, THE PARTIES AGREE THAT ANY CLAIM, QUESTION, DISAGREEMENT OR DISPUTE BETWEEN THE PARTIES OR AGAINST ANY AGENT, EMPLOYEE, SUCCESSOR, OR ASSIGN OF THE OTHER, WHETHER RELATED TO THESE TERMS AND CONDITIONS OR OTHERWISE, AND ANY CLAIM, QUESTION, DISAGREEMENT OR DISPUTE ARISING FROM OR RELATED TO THESE TERMS AND CONDITIONS OR THE RELATIONSHIP OR DUTIES CONTEMPLATED UNDER THESE TERMS AND CONDITIONS, INCLUDING THE VALIDITY OF THIS ARBITRATION AGREEMENT, SHALL BE RESOLVED BY BINDING ARBITRATION, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. SUCH ARBITRATION SHALL BE CONDUCTED IN HARRIS COUNTY, TEXAS EXCLUSIVELY AND THE PARTIES AGREE TO EXCLUSIVE VENUE IN HARRIS COUNTY, TEXAS. ANY AWARD OF THE ARBITRATOR(S) MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT A COURT HAVING JURISDICTION FINDS ANY PORTION OF THESE TERMS AND CONDITIONS UNENFORCEABLE, THAT PORTION SHALL NOT BE EFFECTIVE AND THE REMAINDER OF THE TERMS AND CONDITIONS SHALL REMAIN EFFECTIVE.
TERMS AND CONDITIONS SHALL BE GOVERNED BY AND INTERPRETED UNDER TEXAS LAW WITHOUT REGARD TO CHOICE-OF-LAW PROVISIONS.
BY AGREEING TO ARBITRATION, THE PARTIES GIVE UP THEIR RIGHTS TO A TRAIL BY JURY. FOR PURPOSES OF THESE TERMS AND CONDITIONS, THE PARTIES ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT ARBITRATION OF DISPUTES UNDER THESE TERMS AND CONDITIONS HAS ADVANTAGES AND DISADVANTAGES WHEN COMPARED TO SUBJECTING SUCH DISPUTES TO THE COURT PROCESS AND A JURY TRIAL, INCLUDING:
1) ARBITRATION MAY PROVIDE A FASTER RESOLUTION OF ANY DISPUTES THAN A COURT OF LAW;
2) ARBITRATION MAY PROVIDE A LESS EXPENSIVE MEANS OF REACHING A RESOLUTION OF THE PARTIES’ DIFFERENCES;
3) ARBITRATION MAY PROVIDE A MORE INFORMAL MEANS OF RESOLUTION OF DISPUTES;
4) ARBITRATION MAY ALLOW LESS DISCOVERY THAN THAT ALLOWED IN A LAWSUIT; AND
5) ARBITRATION IS BINDING AND APPEALS ARE LIMITED.
C) NO CLASS ACTION. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND FAST TRACK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Class action law suits, class -wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed under these Terms and Conditions. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION AND ANY AND ALL DISPUTES SHALL BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION.
21) WAIVER AND SEVERABILITY.
No waiver of by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
We have the right to terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions. Fast Track reserves the right in its sole discretion to terminate your account, delete your profile and any of your personal information, or information you had posted, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. Fast Track also reserves the right to block users from certain IP addresses or mobile device numbers and prevent access to the Website. These Terms and Conditions remain in effect even after your subscription is terminated. The Terms and Conditions relating to intellectual property, indemnification, warranty disclaimer, limitation on liability, and severability and terms that by their nature may survive termination shall survive any termination.
23) ENTIRE AGREEMENT.
The Terms and Conditions constitute the sole and entire agreement between you and Fast Track To Fit, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
24) YOUR COMMENTS AND CONCERNS.
This website is operated by:
Fast Track To Fit, LLC
P.O. Box 132524
Spring, Texas 77393
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to:email@example.com