Welcome! These terms of service (the "Terms of Service") govern your use of www.eative.com the subdomain https://tours.eative.com/tour/(the “Site”) and other digital channels such as the eative mobile app (the “App), operated by Fit Choice LLC (“Fit Choice”). Please review these Terms of Service carefully, as along with the Privacy Policy they constitute a binding agreement between you and Fit Choice (the “Agreement”). By using this Site, you agree to comply with and to be bound by these Terms of Service and the Privacy Policy. If you do not agree with any part of the Agreement, you may not use the Site. By using the Site, you accept and agree to these Terms of Service and the Privacy Policy. You should visit the Site and review these Terms of Service periodically to determine if any changes have been made. Your continued use of the Site after any changes have been made to these Terms of Service signifies and confirms your acceptance of any such changes or amendments.
1. DEFINITIONS
As used herein, all capitalized terms shall have the respective meanings indicated below. Whenever the words "include," "includes" or "including" are used in this Agreement, they shall be deemed to be followed by the words "without limitation”. Whenever used in this Agreement, the singular form of any term includes the plural form and the plural form includes the singular form.
Agreement means these Terms of Service and the Privacy Policy jointly.
App means the application downloaded by the user to a mobile device.
Cancellation Period means the time window during which a User may request a cancelation of its Subscription.
Content and Services mean the Site, together with its content, tools, goods, transactions, and other services offered through the Site, including, but not limited to, Keto Meal Plans, Top-Up Products such as Keto Guides, Dessert Books, Workout Plans, and services such as Express Delivery and Nutritionist Support, as well as any other part of the Site and its content.
Express Delivery means an expedited delivery of a personalized Keto Meal Plan, which will be completed within 1 hour vs. the standard period of 24 to 72 hours.
Fit Choice or We/we/Us/us means Fit Choice LLC, a Delaware Limited Liability Company registered at 21 State Street, Pittsford, NY 14534.
Keto Meal Plan means a Subscription-based, personalized meal plan which is delivered to the User on a digital medium, as further described in these Terms of Service.
Member Area means a restricted area within the Site where registered Users can actively manage their Subscriptions preferences and receipts.
Money-Back Guarantee means your right to cancel your Subscription and receive a refund within the first 90 days after the successful purchase of a Keto Meal Plan provided that you follow the process and comply with the conditions and requirements laid out below in these Terms of Service.
Privacy Policy means our privacy and cookie policy which the User can access through the following link.
Return and Refund Policy means the policy regarding your rights to receive a refund, which is located in Section 11 of these Terms of Service.
Site means this website found at www.eative.com and the subdomain https://tours.eative.com/tour/.
Subscription means a limited, revocable, non-exclusive license to digitally access the personalized Keto Meal Plans granted to Users for the term of 1, 2 or 3 months against the payment of a recurring subscription fee.
Subscription Cycle means the 1, 2 or 3 months’ cycle of your Subscription, as selected during the registration process or otherwise.
Terms of Service means these Terms of Service.
Top Up Products mean a selection of Content and Services that are not Subscription-based thus not subject to recurring payments, as available from time to time.
User or You/you means a person, acting in its private capacity and of legal age, that accesses and uses the Site and/or registers for the Content and Services.
2. TERMS OF SERVICE
These Terms of Service may be modified from time to time, with notice provided by updating the date above. Any such modifications shall be effective immediately, and it is your responsibility to review these Terms of Service periodically to ensure that you are up to date.
3. PRIVACY
Your visit to our site is also governed by our Privacy Policy, which is incorporated herein by reference and constitutes a part of the Agreement. Please review our Privacy Policy.
4. CONTENT AND SERVICES
- Personalized Keto Meal Plans
Keto Meal Plans are the primary Content and Services offered through the Site. Purchasing a Keto Meal Plan is a requirement in order to purchase any additional Services and/or Top-Up Products. More specifically, Keto Meal Plans are personalized meal plans which are generated in a customized manner based on the information provided by the User during the registration tour (e.g. age, weight, level of activity, etc.). Keto Meal Plans are delivered to the User on a digital medium. Keto Meal Plans include a multitude of recipes based on a ketogenic diet with an orientational meal schedule for the User. Keto Meal Plans can be adjusted to the Users’ needs on an ongoing basis at no cost following Users’ requests at any given moment. Keto Meal Plans are sold as 1, 2 or 3 months’ Subscriptions and are delivered and billed to the User in a recurring manner. For more information on refunds please refer to the Return and Refund Policy below.
- Top-Up Products
During the check-out process of the purchase of a personalized Keto Meal Plan, as well as at any later moment, Users are offered the option to purchase a number of Top-Up Products to complement and maximize the efficacy of their Keto Meal Plans. The purchase of Top-Up Products is optional. Top-Up Products are one-off purchases, i.e. not Subscription-based. Top-Up Products’ delivery is effected immediately and on a digital medium. Therefore, Top-Up Products are not eligible for returns nor refunds. For more information, please refer to the Return and Refund Policy below.
Keto Guide. The Keto Guide is an e-book including guidance to the basic principles of a ketogenic diet and that Users can use while completing their Keto Meal Plans.
Dessert Book. The Dessert Book includes a multitude of recipes for sweets and desserts which Users can use to complement their Keto Meal Plans.
Workout Book. The Workout Book includes a multitude of short training and workout routines with which Users can complement their Keto Meal Plans.
Nutritionist Support. Purchasing the Nutritionist Support top-up will allow Users to receive personalized e-mail support from a nutritionist providing guidance regarding the characteristics of a ketogenic diet. PLEASE NOTE THAT SUCH SUPPORT IS FOR INFORMATIVE AND ORIENTATIONAL PURPOSES ONLY AND THAT SUCH SUPPORT WILL UNDER NO CIRCUMSTANCES CONSTITUTE OR SUBSTITUTE THE ADVICE PROVIDED BY YOUR PHYSICIAN, NUTRITIONIST, DIETITIAN, OR ANY OTHER HEALTHCARE PROFESSIONAL.
5. DELIVERY
Content and Services are delivered on a digital medium. As a general rule and given the fact that a large part of the Content and Services require personalization work, delivery will take place within a time window of 48 to 72 hours after the payment has been successfully completed. To expedite the creation and delivery of your personalized Keto Meal Plan, Users may make use of our Express Delivery Service, which will expedite delivery to 1 hour, Extra charges apply if a User decides to make use of the Express Delivery service.
6. LICENSE AND RIGHT TO USE
Whenever you purchase a Keto Meal Plan Subscription or a Top-Up Product, Fit Choice grants you a limited, revocable, non-exclusive license to use this Site, Content, and Services solely for your own personal informational use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, Content, and Services, reverse engineer or break into the Site, Content, and Services, or use materials, products, or services in violation of any law. When you purchase any of the Content and Services, you agree that you will not use any information you gain from the Content and Services to create any product or service, whether offered for commercial or personal use, without the express written consent of Fit Choice.
The use of the Site is at the discretion of Fit Choice, and Fit Choice may terminate your use of the Site at any time. Fit Choice is authorized for the purpose of enforcing intellectual property rights, to impose restrictions on the scope of the license or the number of devices or types of devices on which Content and Services can be used.
All inquiries for use of Fit Choice intellectual property must be submitted to info@eative.com. Fit Choice reserves the right to seek equitable and compensatory relief for any violation of this term.
7. REGISTRATION
Access to certain areas, as the Member Area, of the Site may be restricted. Fit Choice reserves the right to restrict areas of the Site at its sole discretion.
Some restricted areas of the Site may be made available to you as a registered User.
Your registration to the Site will require you to provide certain data which may include your name, email, and account security details (such as a username and/or password). When you create a User account with Fit Choice, you guarantee that you are 18 years of age or older and are able to consent to these Terms of Service. You agree that any such registration data you provide: (i) is true, accurate, current, and complete; (ii) will be maintained and updated by you; and (iii) that you will not share this data with any third party. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities, charges, and/or liabilities that occur under your username and password. If you suspect any unauthorized use of your account or other breaches of security, you must notify us immediately. Fit Choice will have no liability for any loss or damage arising from your failure to report any suspected unauthorized activity; however, you may be liable to Fit Choice or third parties for any losses incurred due to unauthorized use.
Violation of this section may result in the immediate termination of your User account without refund, in Fit Choice’s sole discretion.
Fit Choice may disable your username and password at its sole discretion, refuse to register a User for the Site and/or Content and Services, remove or edit any content contributed to the Site or cancel any User account. Fit Choice may, without notice, refuse access to its Site or Content and Services, in whole or part, to any person that fails to comply with these Terms of Service. Fit Choice reserves the right to modify methods for registration and access levels of registered users from time to time.
8. SUBSCRIPTIONS AND AUTOMATIC RENEWALS
Keto Meal Plans are Subscription-based. Once you complete your registration, you will be prompted to choose the plan and duration cycle of your Subscription (“Subscription Cycle”). The Subscription Cycle of your Subscription will be 1, 2 or 3 calendar months, depending on your choice, starting on the day of your registration and successful payment. The applicable terms for each Subscription Cycle are as follows:
Terms for 1 Month Subscription Cycle (30 calendar days): You will be charged for a 1 month membership. Prices will be displayed in the corresponding sections of the Site and the App. This membership renews at every month from the date of subscription. Your Subscription will be extended for consecutive Subscription Cycles identical to the first Subscription Cycle chosen, on the day of the expiration of each Subscription Cycle, unless you communicate to Fit Choice your wish not to renew your Subscription following the rules contained in Section 10. All Subscription payments are final.
Terms for 2 Months Subscription Cycle (60 calendar days): You will be charged for a 2 months membership. Prices will be displayed in the corresponding sections of the Site and the App. This membership renews every 2 months from the date of subscription. Your Subscription will be extended for consecutive Subscription Cycles identical to the first Subscription Cycle chosen, on the day of the expiration of each Subscription Cycle, unless you communicate to Fit Choice your wish not to renew your Subscription following the rules contained in Section 10. All Subscription payments are final.
Terms for 3 Months Subscription Cycle (90 calendar days): You will be charged for a 3 months membership. Prices will be displayed in the corresponding sections of the Site and the App. This membership renews every 3 months from the date of subscription. Your Subscription will be extended for consecutive Subscription Cycles identical to the first Subscription Cycle chosen, on the day of the expiration of each Subscription Cycle, unless you communicate to Fit Choice your wish not to renew your Subscription following the rules contained in Section 10. All Subscription payments are final.
You will be required to select a payment plan and provide Fit Choice’s third-party payment provider with information regarding your credit card or another payment instrument. You represent and warrant to Fit Choice that such information is true and that you are authorized to use the payment instrument. You will promptly update your payment information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Fit Choice the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. You hereby authorize Fit Choice to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your Subscription, and you further agree to pay any charges so incurred. If you dispute any charges you must let Fit Choice know within sixty (60) days after the date that Fit Choice charges you. Fit Choice reserves the right to change the price of the Subscription. Your continued use of the Subscription after the price change becomes effective constitutes your agreement to pay the changed amount. Access will be revoked to the Subscription if you choose a payment plan or subscription and do not complete the payments on schedule.
9. RECURRING BILLING
As laid out above, Subscription purchases will be billed in 1, 2 or 3 month cycles according to the Subscription Cycle chosen by the User. On the last day of each Subscription Cycle, your Subscription will be automatically renewed and billed for an additional Subscription Cycle unless you provide a cancellation notice as set forth in Section 10.
10. HOW TO CANCEL YOUR SUBSCRIPTION
You may request a cancelation of your Subscription by sending us a written request within the cancellation period (“Cancellation Period”) corresponding to the Cycle of your Subscription to ensure that you will not be charged for your next Subscription Cycle. The Cancellation Period starts on the day of purchase of your Subscription and it shall end twenty-four (24) hours before the renewal of your Subscription.
Please direct your request to the e-mail address info@eative.com. Please note that cancelations are only possible with effect from the end of each Subscription Cycle, i.e. your Subscription will be forfeited and canceled at the end of such Subscription Cycle.
Alternatively, if you are a registered User you may request a cancelation of your Subscription within the Members Area.
We thank you for your understanding that given the characteristics of the product and the amount of plan creation and modification requests handled by Fit Choice on an ongoing basis, cancellation requests can only be accepted within the relevant Cancellation Periods. No request will be processed nor accepted outside of the corresponding Cancellation Period.
Please be aware that the cancellation of your Subscription does not imply the unsubscription from marketing and promotional emails. If you no longer wish to receive marketing and promotional emails you may contact us here. For more information about how to opt out of marketing and promotional communications, please visit our Privacy Policy.
Due to its individualized nature, every Keto Meal Plan implies a lot of preparation. For this reason we go through a lot of effort to make it clear that the payment is automatically renewed until you cancel it, following the process described herein. Thus, we will not be able to process refunds made in connection with renewals.
11. RETURN AND REFUND POLICY
Fit Choice now offers a full 90 day – 100% satisfaction guarantee in the Keto Meal plans. Because we are extremely confident that we offer a very high quality product, we stand completely behind our Keto Meal plans in all areas. We have been able to gather feedback and testimonials from many of our customers that we have so far. We are so confident in our product, that we are able to offer such a unique money back guarantee. You may contact us at info@eative.com, within ninety (90) days of purchase date, for a full refund of the purchase price. After 90 days all sales are final. As it has been previously stated, we will not be able to process refunds made in connection with renewals.
12. MONEY-BACK GUARANTEE
If you are not entirely satisfied with your Keto Meal plan we offer you a 90 day – 100% satisfaction guarantee. Because we are so confident you will be more than satisfied with your Keto Meal Plan, we are in the position to offer you this full 90 day Money-Back Guarantee. If at any time you are unsatisfied with our product, you may contact us at info@eative.com, within ninety (90) days of purchase date, for a full refund of the purchase price.
Regarding the purchase of Top-Up Products, please note that you will be waiving your cancellation rights once you download any product purchased under this modality from the
Site. Thus, there will be no application of the Return and Refund Policy for Top-Up Products
unless there is a performative issue regarding its content (corrupted content, content not
matching the description, etc). In the latter case, we will resend or replace your product at
our choice. You may contact us at info@eative.com if the Top-Up Product purchased and
downloaded falls under any of the categories we have mentioned, otherwise you NO
LONGER HAVE THE RIGHT TO CANCEL YOUR PURCHASE NOR THE RIGHT FOR A
REFUND OR REPLACEMENT.
13. PURCHASE VIA APP STORE
This Application or specific Products available for sale on this Application must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use.Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties' terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms. Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.
14. INTENDED AUDIENCE
The Site is intended for adults only. The Site is not intended for any minors under the age of 18. The Site, the Content and Services are available only to individuals that can form legally binding contracts under the law of their country of residence. The User will indemnify Fit Choice for any losses or damages that Fit Choice may suffer as a consequence of failing to comply with these requirements.
The Site does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Site has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at info@eative.com and we will use our best efforts to promptly remove such information from our records.
15. NOT MEDICAL OR NUTRITIONAL ADVICE
This Site and the Content and Services offer health, diet, and nutritional information, which is designed and provided to Users for informational purposes only. This Site and the Content and Services do not provide any medical or health advice, and the Site and the Content and Services are not intended to be a substitute for the advice provided by your physician, nutritionist, dietitian, or any other healthcare professional. If you have any concerns or questions about your health or the Content and Services, you should always consult with a physician, nutritionist, dietician, or another health-care professional. The Site and the Content and Services are not a certified weight loss program, and you should not use the information therefrom for a nutrition or weight loss problem or disease, diagnosing or treating a health concern, or prescribing any medication or other treatment. You should always speak with your physician, nutritionist, or other healthcare professional before adopting any diet or meal plan for health problems or dietary restrictions. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Site or in the Content and Services.
Nothing presented on the Site or the purchase of Content and Services creates a professional-patient relationship between you and any individual providing you with support services through the Services. Content related to nutrition is not medical advice nor is it intended to replace medical advice. The Food and Drug Administration has not evaluated the statements contained in any information available on the Site or in the Service and Content. Individual results may vary.
16. CONSULTATION WITH A PROFESSIONAL
The consultation with the -registered- dietician and/or the food coach (the Service) intends to provide diet, and nutritional information, which is designed and shared with users for informational purposes only. The answers to the questions formulated before you engage with this Service are used to design, as accurately as possible, the nutritional information that will be shared with you at a further stage. However, by no means the Service constitutes any medical or health advice. The Service is not intended to be a substitute for the advice provided by your physician or any other healthcare professional. If you have any concerns or questions about your health or this Service, you should always consult with a physician or another health-care professional.
The Service is not a certified weight loss program, and you should not use the information therefrom for a nutrition or weight loss problem or disease, diagnosing or treating a health concern, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before adopting any diet or meal plan for health problems or dietary restrictions. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided within the framework of the Services.
17. RECIPES
The Site or Content and Services will publish/provide content with recipes. All such recipes have been tried and used successfully, but results may vary from person to person. Consult your medical professional before using any recipe if you have concerns about how you may individually react to the use of any particular recipe or ingredient. By voluntarily creating and using any recipe provided, you assume the risk of any potential injury that may result.
18. FITNESS INFORMATION
The Site or Content and Services may discuss topics related to health and fitness and may include information on exercise and workouts. The fitness information provided on the Site or in the Content and Services is for informational purposes only. Consult a physician or medical professional before beginning any fitness program. Any form of exercise poses an inherent risk of injury and by voluntarily engaging in any exercise or workout presented on the Site or in the Content and Services, you assume the risk of any potential injury that may result. Even if the information provided on the Site or in the Content and Services is from a certified personal trainer, it is for informational purposes only and the personal trainer has not consulted with you on an individual basis.
19. OWNERSHIP
All Content and Services included on this Site are and shall continue to be the property of Fit Choice and/or any of its related or group companies and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such Content and Services, or any part of the Site is prohibited, except as expressly permitted herein. Under no circumstances will you acquire any ownership rights or other interest in any Content and Services by or through your use of this Site.
From time to time, the Site will utilize various plugins or widgets to allow the sharing of content via social media channels, email, or other methods. The use of these plugins or widgets does not constitute any waiver of Fit Choice’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Fit Choice.
No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Fit Choice will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. You agree not to make any claims or assertions of any other party's ownership of Fit Choice’s intellectual property.
Eative is a trademark of Fit Choice and is protected by United States trademark law. Fit Choice's trademarks and trade dress may not be used in connection with any product or service that is not Fit Choice’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Fit Choice.
20. INTERNATIONAL SHIPPING DISCLAIMER / CUSTOMS INFORMATION
In connection with any physical products which may be purchased and delivered through the Site, all international product sales shall be final. To the extent that they may be applicable, the User shall be responsible for any VAT, import duties, tariffs, taxes, handling fees, customs clearance fees, and/or similar charges which may be required by the country of destination of the shipment for importing consumer goods sold via the Site. Fit Choice does not process, manage or collect any of the preceding beforehand nor as part of the purchase process, and Fit Choice cannot provide any information to you such as cost estimates, information of procedures, timelines, etc., as this varies from country to country.
As an international User, Fit Choice asks you to do your own research to make sure there are no additional or surprise charges when clearing your order through customs, and to be aware of any additional costs that may apply to your purchase. It is your full responsibility to verify customs-related charges and procedures which may apply to the dispatch and delivery of your order to your country.
If customs fees, charges, tariffs, VAT, taxes at the country of destination are refused or not paid on time, and your order is returned to Fit Choice (or just not delivered to you and kept by your local authorities or similar entities), you will not be eligible for any refund or reimbursement on your purchase.
Further to the above, Fit Choice shall not be responsible for lost, stolen, misplaced, or delayed shipments, or damaged freight by carriers once they have been dispatched by Fit Choice and out of Fit Choice’s control. You accept full responsibility to make any claims directly to the carrier for damaged or lost shipments. Fit Choice shall not be responsible for misdelivery errors via a carrier due to incorrect shipping/delivery information.
21. CURRENCY AND TAXES
Fit Choice is a United States company and purchases and transactions through the Site will be charged in United States Dollar (USD), although we may display pricing in your native currency for your convenience. Fit Choice is not responsible for any errors or changes in conversion rates. Fit Choice is not responsible for any foreign, U.S. federal, state, local, municipal, or other governmental taxes, duties, levies, fees, excises, or tariffs, owed by you as a result of or in connection with your purchase or transaction unless stated otherwise during checkout when completing your purchase.
22. USER CONDUCT AND COMPLIANCE
You may not use the Site or its Content and Services in any way that violates any applicable law, the intellectual property or other rights of us or others, your license and rights of use as detailed in Section 6 herein, or in any manner that is fraudulent, obscene, offensive, hateful, misleading, or defamatory.
You must not use the Site in a way that causes, or may cause, damage to the Site or impairs the availability of access to the Site. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Site except to the extent that such activity is expressly permitted by applicable law. You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction, or data harvesting on or in relation to the Site without Fit Choice's express written permission. You must not use the Site to transmit or send any unsolicited commercial communications. You must not use the Site for any third-party marketing without Fit Choice's express written permission.
We reserve the right to limit and/or terminate your use of the Site if we, in our sole discretion, determine that any of your registration data is inaccurate or incomplete, or suspect you may not be in compliance with any of these Terms of Service, with no rights to receive a refund or claim any sort of damages for the User.
23. TESTIMONIALS
Unique experiences and past performance do not guarantee future results. Please note that certain accounts may have worse performance than that indicated and results may vary.
The testimonials, statements and opinions presented on our website are applicable to the individuals depicted. Results will vary and may not be representative of the experience of others. These testimonials, statements and opinions are voluntarily provided. Please note that the exact results and experience will be unique and individual to each User.
The Site may enable you to submit, post, upload, or otherwise make available (collectively, “Post”) content such as video clips, photographs, reviews, questions, comments, public messages, ideas, designs, features, business plans, inventions, product feedback, and other content (collectively, “User Content”).
When you Post User Content on or through the Site as well as when you tag or make reference to the Site and / or its contents and / or ASO on your social media networks, you grant ASO a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of you User Content in any media formats and through any media channels.
24. INDEMNIFICATION
You agree to defend, indemnify and hold Fit Choice, its group companies, and its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which they suffer as a result of third-party claims based on (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Service (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
25. DISCLAIMER
THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. FIT CHOICE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FIT CHOICE MAKES NO WARRANTY THE SITE WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE UNINTERRUPTED; ERROR-FREE, TIMELY AND FREE OF VIRUSES OR BUGS; OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, AND RELIABILITY OF THE SITE. FIT CHOICE IS NOT RESPONSIBLE TO YOU FOR THE LOSS OF ANY CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE SITE. THE SITE IS WRITTEN IN ENGLISH AND FIT CHOICE MAKES NO WARRANTY REGARDING TRANSLATION OR INTERPRETATION OF CONTENT IN ANY LANGUAGE.
FIT CHOICE HAS MADE EVERY EFFORT TO ENSURE THAT ALL INFORMATION ON THE SITE AND THE CONTENT AND SERVICES HAS BEEN TESTED FOR ACCURACY. FIT CHOICE MAKES NO GUARANTEES REGARDING THE RESULTS THAT YOU WILL SEE FROM USING THE INFORMATION PROVIDED ON THE SITE OR CONTENT AND SERVICES. OPINIONS, ADVICE, STATEMENTS, OR OTHER COMMENTS SHOULD NOT NECESSARILY BE RELIED UPON AND ARE NOT TO BE CONSTRUED AS PROFESSIONAL ADVICE FROM FIT CHOICE.
FIT CHOICE DISCLAIMS LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY ANY PERSON AS A RESULT OF USE OF THE INFORMATION PROVIDED ON THE SITE AND IN THE CONTENT AND SERVICES. FIT CHOICE ASSUMES OR UNDERTAKES NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED AS A RESULT OF THE USE OF ANY INFORMATION FOUND ON THE SITE OR IN THE CONTENT AND SERVICES.
THE SITE AND CONTENT AND SERVICES WERE DEVELOPED STRICTLY FOR INFORMATIONAL PURPOSES. YOU UNDERSTAND AND AGREE THAT YOU ARE FULLY RESPONSIBLE FOR YOUR USE OF THE INFORMATION PROVIDED ON THE SITE AND IN THE CONTENT AND SERVICES. FIT CHOICE MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES. YOU UNDERSTAND THAT RESULTS MAY VARY FROM PERSON TO PERSON. FIT CHOICE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS THAT MAY APPEAR ON THE SITE OR IN THE CONTENT AND SERVICES.
NOTHING PRESENTED BY THE ARTICLES CREATES A PROFESSIONAL-PATIENT RELATIONSHIP BETWEEN YOU AND THE AUTHOR. CONTENT RELATED TO NUTRITION IS NOT MEDICAL ADVICE NOR IS IT INTENDED TO REPLACE ANY MEDICAL ADVICE.
26. LIMITATION OF LIABILITY
INFORMATION FROM THIS SITE AND/OR SERVICE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD NOT RELY ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED IN THE SITE, INCLUDING INFORMATION RECEIVED THROUGH YOUR USE OF THE SERVICE, ARE YOUR SOLE RESPONSIBILITY.
TO THE EXTENT ALLOWABLE BY LAW, FIT CHOICE AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT AND SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT AND SERVICES IS TO CEASE ALL OF YOUR SITE USE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS SITE, CONTENT AND SERVICES OR THE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (INCLUDING CONSUMER LAWS) THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THE EXCLUSIONS OR LIMITATIONS IN THIS AGREEMENT THAT DIRECTLY CONFLICT WITH SUCH LAWS MAY NOT APPLY TO YOU.
27. MOBILE SERVICES
The Services may include certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. We may share your phone number with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.
28. USE OF INFORMATION
Fit Choice reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
You grant Fit Choice a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Site or Content and Services. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Fit Choice the right to sub-license these rights and the right to bring an action for infringement of these rights. By providing content to Fit Choice, you represent that you have the right to grant these permissions for use of such content by Site, Fit Choice, and Fit Choice’s sublicensees.
29. COPYRIGHTS
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated by this Site, please provide a notice containing all of the following information to info@eative.com:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
30. LINKS TO THIRD-PARTY WEBSITES
This Site, its services, and the Content and Services may contain links to third-party websites that are not owned or controlled by Fit Choice. Fit Choice does not control and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. By using this Site to access third-party sites, services, and/or products, you expressly release Fit Choice from any and all liability arising from your use of any third-party website. Accordingly, Fit Choice encourages you to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on the Site, you must complete any necessary investigation or due diligence. You understand that Fit Choice does not perform psychological testing or background checks on the individuals who may use the Site or Fit Choice’s services. You understand and agree that you are solely responsible for your actions and decisions to meet other individuals who you meet online by virtue of the Site or services provided through the Site. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Site, you expressly hold Fit Choice harmless from any and all liability in any dispute.
31. APPLICABLE LAW
You agree that the laws of the state of New York, without regard to conflicts of laws provisions, will govern these Terms of Service, and any dispute that may arise between you and Fit Choice shall be subject to the exclusive jurisdiction of the state courts of New York. YOU HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE USE OF THE SITE AND/OR ANY TRANSACTIONS MADE HEREUNDER. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
32. COMMUNICATION
If you send Fit Choice an email, register to use the Site, or provide your email to Fit Choice in any other way, you consent to receive communications from Fit Choice electronically. You agree that all legal notices provided via electronic means from Fit Choice satisfy any requirement for written notice.
33. EQUITABLE RELIEF
You acknowledge and agree that in the event of certain breaches of the Terms of Service, Fit Choice may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Fit Choice shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
34. SEVERABILITY
If any provision of this Agreement shall be deemed by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that all other provisions remain in full force and effect.
35. NO WAIVERS
The failure of Fit Choice to exercise or enforce any right or provision herein shall not operate as a waiver of such right or provision. Any waiver of these Terms of Service by Fit Choice must be in writing and signed by an authorized representative.
36. TERMINATION
Fit Choice may terminate the Site or your access to the Site any time, with or without notice, for any reason.
37. RELATIONSHIP OF THE PARTIES
Nothing contained in these Terms of Service or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it intended by both parties that each shall remain independent contractors responsible for its own actions.
38. ENTIRE AGREEMENT
These Terms of Service, along with the Privacy Policy, constitute the entire agreement between you and the Site and govern your use of the Site, superseding all prior or contemporaneous communications and proposals, whether electronic, oral or written. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, such as guidelines, or rules that may apply when you use the Site.
39. MODIFICATION
Fit Choice reserves the right to modify, change, or discontinue any aspect of the Site, the Content, or the Services, including without limitation prices and fees for the same, at any time.
40. ASSIGNABILITY
The Terms of Service may not be assigned by you without Fit Choice's prior written consent; however, the Terms of Service may be assigned by Fit Choice at its sole discretion.
41. CONTACT INFORMATION
All notices with respect to the Terms of Service may be in writing and addressed via email to info@eative.com for Fit Choice and to your email address. Alternatively, you may contact Fit Choice by phone at +1 (256) 472-6167. In case we are not able to respond your phone call immediately please send as an email.
BY USING OR ACCESSING THE SITE AND/OR SERVICES, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN.
