We do not provide services or sell products to minors. Under the Terms of Service, which you agree to by accessing the Site, you warrant that you are an individual of at least eighteen (18) years of age. If you are below the age of eighteen (18), you may not use the Site. Do not provide us or other website visitors with any Personal Information if you are not an individual of at least eighteen (18) years of age.
2. Login Information
Your access to parts of the Site may now, or in the future, be protected by Login credentials, such as a user name and password. Do not disclose your Login credentials to any party. If you enter a section of the Site that requires a password, you should log out when you leave. As a safety precaution, you should also close out of your web browser completely and re-open it before viewing other parts of the Internet.
3. Types of Information Collected
a. Traffic Data Collected. We may automatically track and collect certain information from you when you visit our Site, including your: (i) IP address; (ii) domain server; (iii) type of computer; (iv) type of web browser; (v) time of visit; (vi) the website you came from prior to visiting the Site; (vii) the website you go to when leaving the Site; and (viii) the operating system of your computer (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We may also use “cookies” (information that our Site’s server transfers to your computer) to: track your session on our website; customize content specific to your interests; ensure that you do not see the same advertisement repeatedly and; to store your password so you do not have to re-enter it each time you visit the Site. Some browsers may allow you to be notified prior to accepting a cookie and/or to deny a cookie.
b. Personal Information Collected. In order for you to access certain premium services and to purchase products and/or services that we offer via the Site, we may require you to provide us with information that personally identifies you (“Personal Information”). Personal Information may include: (i) Contact Data (such as your names, mailing addresses, billing addresses, e-mail addresses, phone numbers, and the like); (ii) Financial Data, such as that related to credit cards, debit cards, checks, money orders, third-party payment services (online or not online), and the like, which may include account numbers and other account identifying information; and (iii) Demographic Data (such as your zip code, age and income). If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards or forums, or otherwise complete online forms, surveys or contest entries, any information provided in such communication may be collected as Personal Information. You may always choose to not provide us with Personal Information. However, if you do withhold information, we may deny you access to some or all of the Site’s services and features.
c. Other Information Collected. We may also collect any data or information that you provide to us by posting it at the Site or by email.
4. Uses of Information Collected
We may use Contact Data to: send you information about our company or our products or services; send you promotional material from some of our partners; contact you about changes to our Site, new services, special offers, or to resolve disputes, troubleshoot issues and/or enforce the Terms of Service; and to otherwise contact you when necessary. We may use your Financial Data to verify your qualifications for certain products or services and to bill you for products and services. We may use your Demographic Data to customize and tailor your experience on the Site, displaying content that we think you might be interested in and according to your preferences.
5. Sharing of Personal Information
We may provide your Personal Information to law enforcement or other government officials for purposes of fraud investigations, alleged intellectual property infringement, or any other suspected illegal activity or matters that may expose us to legal liability. We may disclose aggregate Traffic Data and Demographic Data, without disclosing Contact Data or Financial Data, to advertisers or other third parties for marketing and promotional purposes. We may use third-party suppliers to provide services on the Site and, in such cases, may provide your Personal Information to such third party suppliers.
You may choose to provide Personal Information to other parties or users through the Site. Please use caution when doing so—we are not responsible for how any other party or user uses or shares your Personal Information if you provide it to them.
6. User Choice Regarding Collection, Use, and Distribution of Personal Information
You may choose not to provide us with any Personal Information. In such an event, you may be able to access and use some of the Site; however, you will not be able to access and use those portions of the Site that require your Personal Information. If you do not wish to receive information and promotional material from us or from some of our partners, you may select the appropriate “opt-out” option each time we ask you for Personal Information.
We may use autoresponders to communicate with you by email. To protect your privacy, we use a verified opt-in system for such communications and you can always opt-out of such communications using the links contained in each autoresponder message. If you have difficulties opting out, you may contact us by sending an e-mail at firstname.lastname@example.org or info@My1FitLife.com
8. Confidentiality and Security of Personal Information
9. User Ability to Access, Update and Correct Personal Information
In order to ensure that all of your Personal Information is correct and up-to-date, at any time you may visit your personal profile available through the Site to: (a) review and update your Personal Information that we have already collected; (b) choose whether or not you wish us to send you information about our company, or promotional material from some of our partners; or (c) choose whether or not you wish us to share some of your Personal Information with third parties.
10. Lost or Stolen Information
You must promptly notify us if your credit card, user name or password is lost, stolen or used without permission. In such an event, we will cancel that credit card number, user name or password and update our records accordingly.
11. Other Limits to Your Privacy
The Site contains links to other Web sites. We are not responsible for the privacy practices or the content of such Web sites. We also may make chat rooms, forums, message boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.
12. Your Use of Information
If you obtain personally identifiable information about any other user of our Site, you agree to not disclose this information to any other party without our consent and the consent of the user. You agree to not use, and to not allow any other party to use, our Site’s posting or other communications systems or information to send unsolicited email or any other communication to any other user of the Site.
External Links Policy
Our website contains hypertext links to websites and other information created and maintained by other individuals and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know that these websites may track visitor viewing habits. In addition, hyperlinks to particular items do not reflect their importance and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or services offered on the websites. We permit links to our website if they do not imply an endorsement by, or affiliation with, our website. We review our website periodically for broken or out-of-date links. Any and all links may be posted, altered, or removed at any time. To report problems with links on our website, or for more information about this policy, please send an e-mail to info@My1fitlife.com or email@example.com .
Terms and Service
TERMS OF SERVICE
These TERMS OF SERVICE (hereinafter “Agreement”) are entered into between each User (hereinafter “User”) and 1fw Training, LLC, My1Fitlife LLC, and OneFitWidow LLC, a Montana Limited Liability Company having an address of 1627 W. Main #257, Bozeman, MT 57915 (hereinafter “Provider”) (the User and Provider are hereinafter each referred to individually as a “Party” and are also referred to collectively as “Parties”). This Agreement is effective as of the earliest date that the User accesses the Service through the Website (hereinafter “Effective Date”).
• “User” refers to each party that creates at least one Login to access the Service or that otherwise accesses the Website.
• “Login” refers to any information associated with a User, such as a user name and password, or the like, that allows the User to access portions of the Service that are not otherwise available to the User.
• “Service” may include, among other things, personal training related information and services made available to the User through the Website and/or through any other communicative means including but not limited to email, phone, and the like. The Service may include allowing the User to access information and content on the Website, which may or may not is related to personal training.
• “Website” refers to the website www.1fwtraining.com and any other website which Provider utilizes to implement the Service.
SERVICE & PAYMENT
• Service. The Service is provided as-is on a monthly or six-month basis, depending on the subscription type of the User. Payment for each Term is due in advance. The amount of payment required for the Service is subject to change and, specifically, is subject to increase without warning. In the event that User is dissatisfied with a price increase, User’s sole recourse is to discontinue the Service. So long as User has paid in full in advance for User’s next Term, Provider shall endeavor to: provide User the ability to create one or more Logins, and; allow User to access the Website and the Service through the Website.
• The Service may be changed from time to time at Provider’s sole discretion. If at any time the User is dissatisfied with any change in the Service the User’s sole recourse is to discontinue the Service.
• The user may not transfer its Login to any other party. User shall provide no Login to, and shall allow no party to access, using User’s Login, the Service. User shall notify Provider immediately of any known access of the Service by any third party using User’s Login.
• In the event of any failure on the part of Provider to provide the Service, such as the Website being unavailable or not functioning properly, Provider shall endeavor to restore functionality of the Service within a reasonable amount of time. In the event that the Service is not restored within a reasonable amount of time, User’s sole recourse shall be to discontinue use of the Service.
MATERIALS, SOFTWARE, & IP
• Materials. User recognizes and agrees that: (i) all materials provided through the Service, including but not limited to videos, audio clips, text, photos, graphics, and the like, are the property of Provider or its affiliates, licensors, and the like and are protected by copyright, trademark, trade secret, patent, and/or other intellectual property laws; and (ii) User does not acquire any right, title, or interest in or to the materials through this agreement except the limited and temporary right to use them as necessary for their use of the Service.
• IP in General. Provider retains all right, title, and interest in and to the Service and any intellectual property rights thereof, worldwide, including without limitation all materials provided, in whatever form, on the Website, any software used to provide the Service, and all logos and trademarks reproduced through the Service, including without limitation the terms ONE FIT WIDOW and 1fw. This Agreement does not grant to the User any intellectual property rights in or to the Service or in or to any components or materials accessed through the Website.
• User shall not copy, publish, upload, post, transmit, distribute or in any way modify any materials accessed or obtained through the Service, except that User may download one copy of such material on a single computer for personal, non-commercial use, provided any copyright, trademark, author attribution, and other proprietary notices and legends are not altered or removed.
EACH PARTY’S WARRANTIES
• User’s Identity. User warrants: (i) that it has accurately identified itself through its Account and will maintain the accuracy of such identification; and (ii) that it is an individual 18 years or older.
• Right to Do Business. Each Party warrants that it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement.
• Disclaimers. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND PROVIDER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED OR ARISING FROM A COURSE OF DEALING, USAGE, TRADE OR PRACTICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
• Provider makes no warranty that the Service will not be interrupted, hindered or otherwise negatively affected at times by software or other issues of any kind. Provider makes no warranty that there will be 100% uptime of the Service or the Website or that there will not be interruptions to the Service.
• Provider does not warrant that material on the Website will be complete and accurate or that it will not contain typographical errors, technical inaccuracies, and the like. Provider assumes no liability or responsibility for errors or omissions in the content of the web site.
• User warrants that User shall not use the Website, the Service, or any content or information or software related thereto for any purpose that is unlawful or prohibited by this Agreement.
• User agrees to indemnify and hold Provider and its subsidiaries, parents, affiliates, officers, directors, agents, employees, and the like, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of User’s breach of this Agreement or User’s violation of any law or the rights of any third party.
• LIMITATION OF LIABILITY. IN NO EVENT: (a) WILL PROVIDER’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL FEES PAID BY — USER TO PROVIDE FOR THE SERVICE; AND (b) WILL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SECTION 7 APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF — USER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section 7, Provider’s liability will be limited to the maximum extent permissible.
• User’s use of the Service and/or the Website is at the — USER’S OWN RISK. Provider shall not be liable for any damages to, or viruses that may infect, any computer equipment or other property on account of User’s or any other person’s access to, use of, or browsing the Website, or downloading of any material, data, text, images, video or audio from the Website, or any other use of the Website or of the Service. The provider shall not be liable for any incidental or consequential damages, lost profits, lost data, indirect damages, or the like, even if the Provider has been informed of the possibility thereof.
• The Website may contain links to third-party sites. Provider does not endorse any content, items, services, or the like, of any such third-party sites. The user accesses such third-party sites, including the content, items, or services, solely at User’s own risk. Provider makes no representations or warranties with respect to the content, personal information collection practices, ownership or legality of any such third-party sites. User agrees that Provider bears no responsibility or liability for the availability of such third party sites or for the content, advertising, products or other materials available through the third party sites. User agrees that, to the maximum extent permitted by law, Provider shall not be liable to User for any loss or damage suffered by User as a result of linking to any third party site.
• MEDICAL WARNING, DISCLAIMER, AND RELEASE. — USER WARRANTS THAT — USER HAS CONSULTED WITH A PHYSICIAN REGARDING — USER’S POTENTIAL — USE OF THE SERVICE, PRIOR TO BEGINNING THE SERVICE, AND THAT THE PHYSICIAN CONSENTS TO — USER’S — USE OF THE SERVICE. THE CONTENT OF THE WEBSITE AND ANY INFORMATION OTHERWISE OBTAINED BY — USER THROUGH THE SERVICE IS PROVIDED FOR INFORMATION PURPOSES ONLY AND — USER — USES SUCH INFORMATION AND CONTENT AT THE VOLUNTARY, SOLE RISK OF THE — USER. Provider does not guarantee the accuracy of or assume any liability for, the content of articles, product descriptions, or the like, or any other materials on or accessed through the Website or any other information obtained by User through the Service. Provider does not guarantee or warrant any specific test, product, or procedure presented or described on or accessed through the Website or otherwise obtained by User through the Service. RELIANCE UPON ANY INFORMATION OR — USE OF ANY PRODUCTS PRESENTED ON OR ACCESSED THROUGH THE WEBSITE OR OTHERWISE DISCLOSED THROUGH THE SERVICE IS AT THE SOLE RISK OF THE — USER. NEITHER THE CONTENT ON, OR ACCESSED THROUGH, THE WEBSITE, NOR ANY INFORMATION OR ADVICE RECEIVED BY — USER THROUGH THE SERVICE, SHOULD BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. PROVIDER IS NOT ENGAGED IN THE RENDERING OF MEDICAL ADVICE OR SERVICES. — USER WARRANTS THAT — USER SHALL NOT DISREGARD MEDICAL ADVICE OR DELAY SEEKING SUCH ADVICE IN RESPONSE TO CONTENT ON, OR ACCESSED THROUGH, THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE SERVICE. — USER RELEASES AND RELIEVES, AND AGREES TO RELEASE AND RELIEVE, PROVIDER OF ANY AND ALL LIABILITY FOR ANY INJURIES, CLAIMS OR DAMAGES ARISING OUT OF — USER’S — USE OF THE SERVICE.
• Products and services offered through the Website or the Service are only offered in jurisdictions where they may be legally offered.
• The Web site’s content is not a substitute for direct, personal, professional medical care and diagnosis. Provider and its employees, officers, directors and the like are not medical professionals. Any advice or information on the Website or otherwise provided through the Service should be cleared with your physician prior to use.
• There may be risks associated with participating in activities mentioned on the Website or otherwise through the Service, for people with both known and unknown conditions, or in poor health. Because these risks exist, User agrees to not participate in such diet plans if User is in poor health or has a pre-existing mental or physical condition. If User chooses to participate in these risks, User does so of User’s own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities.
• Testimonials, case studies, and examples found at the Website or otherwise provided through the Service are unverified results that have been forwarded to Provider by Users and/or third parties, and may not reflect the typical purchaser’s experience, may not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If Provider discloses typical results based on information provided by a manufacturer or other third-party source, User should presume that the typical results as stated are more reliable than the testimonials and other examples found at the Website or otherwise provided through the Service, however User should also always perform due diligence and not take such typical results at face value. The provider is not responsible for any errors or omissions in typical results information supplied by manufacturers or other third parties. If a product or service is relatively new, it may not have been available for purchase long enough to provide an accurate results history.
• User agrees that any and all claims for gross negligence or intentional tort shall be settled solely by confidential binding arbitration per the American Arbitration Association’s commercial arbitration rules. All arbitration shall occur in Gallatin County, Bozeman, MT and MT law shall govern. Arbitration fees and costs shall be split equally regardless of the outcome. The user is solely responsible for User’s attorney fees.
TERM, TERMINATION AND REFUND POLICY
• Free Trials. On the day following the end of any Free Trial, the User shall be automatically billed for a Monthly Subscription and shall be billed each month thereafter for a renewal of the Monthly Subscription. The user may avoid the first automatic billing and automatic enrollment in the Monthly Subscription by notifying Provider in writing by at least the last day of the Free Trial.
• Monthly Subscriptions. For Monthly Subscriptions, this Agreement will continue for one month after the Effective Date (the “Term”). Thereafter, this Agreement will renew for subsequent terms (“Terms”) of one month, unless either Party notifies the other of its intent not to renew by at least the day before the Term ends. Monthly Subscription fees are non-refundable. The user may cancel a Monthly Subscription at any time during the month, in which case the Monthly Subscription, and this Agreement, shall expire on the day of cancelation. Any fees paid prior to cancellation will not be refunded.
• Six Month Subscription. For Six Month Subscriptions, this Agreement will continue for six months after the Effective Date (the “Term”). If a Six Month Subscription is canceled after initial registration Provider may, at its sole discretion, provide a prorated refund to User with fees being calculated as if User had been enrolled in a Monthly Subscription.
• Automatic Billing. Notwithstanding the rest of this Section 9, User agrees that if notice of cancellation is not received until within three (3) days of any automatic enrollment or renewal, User may be automatically billed. When this occurs, if notice of cancellation was received at least by the day before the end of the Term, such fees shall be refunded in full within a reasonable amount of time.
• Cancellation. The user may cancel/terminate subscription through the website or User may provide notice of cancellation/termination to Provider by emailing Provider from the “Contact Us” page of the Website with the subject line “CANCELLATION” and providing User’s username in the body of the email.
• Termination for Cause. Either Party may terminate this Agreement for material breach by written notice, effective in 30 days unless the other Party first cures such breach.
• Effects of Termination. Following any termination, User will no longer have access to features of the Members Area of the Website. The following provisions will survive termination of this Agreement: (i) any obligation of User to pay for Service rendered before termination; and (ii) any other provision of this Agreement that must survive termination to fulfill its essential purpose.
• Commissions. If the Website links to a product or service, User agrees that Provider may get paid a commission if User purchases the product or service through the Website link.
• Secure Shopping. If User’s computer or web browser does not support a level of security required at any time by Provider or its servers, or any third party provider or its servers, Provider may deny User the ability to make one or more purchases, of any product or service, through the Website or Service. By non-limiting example, this may include a level of security that supports Secure Sockets Layer (SSL) technology.
• Notices. The provider may send notices pursuant to this Agreement, by e-mail, to any of User’s email addresses associated with User’s Account, and such notices will be deemed received the day after they are sent. The provider may send notices pursuant to this Agreement, other than by e-mail, to any of User’s physical addresses associated with User’s Account, and such notices will be deemed received three days after they are sent.
• Amendment. The provider may amend this Agreement from time to time by posting an amended version at the Website. Such amendment will be deemed accepted and become effective immediately for any User that is not then participating in a Free Trial, a Monthly Subscription or a Six Month Subscription. For all other Users, such amendment will be deemed accepted and become effective 30 days after such notice unless User first gives Provider written notice of rejection of the amendment. In the event of such rejection, this Agreement will continue under its original provisions, and the amendment will become effective at the start of User’s next Term. User’s continued use of the Service following the effective date of an amendment, without giving written notice of rejection to Provider, will confirm User’s consent to the amendment. This Agreement may not be amended in any other way except through a written agreement executed by Authorized Representatives of each Party. Neither the course of conduct between the Parties nor trade practice shall act to modify this Agreement.
• No Waiver. Neither Party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than (i) by an Authorized Representative and (ii) in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement. Provider’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
• Force Majeure. To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Agreement.
• Assignment & Successors. The user may not assign this Agreement or any of its rights or obligations hereunder without Provider’s express written consent. The provider may assign any of its rights and duties under this Agreement to any party at any time without notice to User. Except to the extent forbidden in this section, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the Parties.
• Choice of Law & Jurisdiction. This Agreement will be governed solely by the laws of the State of Arizona, without reference to such State’s principles of conflicts of law. The Parties consent to the personal and exclusive jurisdiction of the federal and state courts of Maricopa County, Arizona over any legal proceeding directly or indirectly arising out of or relating to the Website, the Service or this Agreement.
• Any cause of action or claim User may have with respect to the Website or the Service must be commenced within one (1) year after the claim or cause of action arises.
• Severability. To the extent permitted by applicable law, the Parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
• Certain Notices. Pursuant to 47 U.S.C. Section 230(d), Provider hereby notifies User that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information regarding providers of such protections may be found on the Internet by searching “parental control protection” or similar terms.
• Entire Agreement. This Agreement sets forth the entire agreement of the Parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither Party has relied upon any such prior or contemporaneous communication.
— USER HAS READ, UNDERSTANDS AND AGREES TO THE TERMS & CONDITIONS OF THIS AGREEMENT.