BEFORE YOU USE OR BROWSE THROUGH THIS WEBSITE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING “I ACCEPT” OR USING THE WEBSITE IN ANY MANNER, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE OUR SERVICES. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO YOUR USE OF THE WEBSITE AFTER THE DATE OF SUCH CHANGE.
1. ACCEPTANCE OF TERMS
We further reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Materials and/or Services (or any part thereof) with or without notice. You agree that, unless we have agreed otherwise in writing, we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Materials and/or Services (or any part thereof).
2. DEFINED TERMS FOR SITE CONTENT
All program content, information, materials, files, communications, documents, text, videos and images are referred to collectively as “Program Content.” “Our Content” or “Company Content” means all materials provided by us. The terms and conditions expressed in this agreement apply to all users and visitors of this Site and the App, and we may refer to all Site and App users as “you” or “your/s” in this Agreement.
3. USER ACCOUNTS
The Company may, at its sole discretion, require Users to create accounts in order to access or to make use of the Site, App, Materials and/or Services and in that event you will need to register and create a user account (an “Account”). Should User Accounts be required, you also agree:
i. that you will not use an Account that is created by another user;
ii. that you will supply only complete and accurate information in registering for an Account;
iii. that you are solely responsible for the activity that occurs on and through your Account, that you will keep your Account password secure at all times, and that we will not be liable for your losses caused by any unauthorized use of your Account; and
iv. that if your Account has been compromised for any reason, you will immediately notify us of the security breach or unauthorized use of your Account.
4. INTELLECTUAL PROPERTY; LIMITED LICENSE
In addition to the Materials and Services offered by us, this Site and the App may also make available materials, links, information, products and/or services provided by Related Entities (collectively, the “Related Entity Products and Services”). The Related Entity Products and Services may be governed by separate agreements that accompany such products or services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Related Entity Products and Services. You agree that you will not hold us responsible or liable with respect to Related Entity Products and Services or seek to do so, even if we recommended a particular Product or Service. You further understand and agree that all dealings with a Third Party accessed through the Site or App is at your own risk. We are not a party to any transactions between you and any other Entity accessible through the Site or App.
Only where expressly indicated on this Site and App may the User download our Program Content and in such circumstances where permitted, it will be subject to the following conditions:
1. Our Content may be used solely for personal purposes. You may not commercially exploit any of the Site content without express permission from us.
2. You may not remove any copyright or other proprietary notices contained in our Program Content.
3. We reserve the right to revoke the authorization to view, use and download our Program Content available on this Site and App or any portion of them at any time, and any such use shall be discontinued immediately upon notice from us.
4. The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, use and download Program Content available on this Site and App are not applicable to the design or layout of this Site and the App. Elements of this Site and the App are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
5. TRADEMARK INFORMATION
The trademarks, logos, and service marks, including the “The Fit First Responders” standard character text and image/stylized trademarks, (the “Marks”) displayed on this Site and the App are the property of the Company. You are not permitted to use the Marks without the prior written consent of the Company or such third party that may own the Marks.
You understand and agree that by purchasing any Programs, Courses or other Materials through the Site or App, the Company will charge your provided credit card for the amount of the Program. By purchasing any Materials you expressly authorize us and our partners and affiliates to charge your credit card in accordance with your order and in accordance with this Agreement, our Master Service Agreement, Partner Agreement and/or any other applicable policies on our Site or on the App.
7. MANAGING USER CONDUCT
8. WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES OR MATERIALS OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE OR SOFTWARE APPLICATIONS WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR MATERIALS OBTAINED THROUGH THE SITE OR APP, OR ANY DEFECTS IN THE SITE OR APP, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT COMPANY CANNOT GUARANTEE RESULTS OR OUTCOMES OF ANY PROGRAMS, ADVICE, COURSES OR OTHER MATERIALS OFFERED THROUGH THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. PERSONAL INFORMATION AND PRIVACY
You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Company or others.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY AND LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE AND ANY OF THE MATERIALS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, COMPANY SHALL HAVE NO LIABILITY TO YOU FOR THE RESULTS OF USE OF PROGRAM MATERIALS ACQUIRED THROUGH USE OF THE SITE/APP OR FOR ANY PERSONAL OR PECUNIARY INJURY RESULTING FROM SUCH SERVICES PROVIDED BY THE SITE/APP EXCEPT WHERE OTHERWISE AGREED TO IN A SIGNED WRITING. YOU UNDERSTAND THAT THE COMPANY MERELY OFFERS BEST PRACTICE BRANDING, MARKETING AND PROMOTIONAL ADVICE AND TECHNIQUES AND THAT IT TAKES NO RESPONSIBILITY WHATSOEVER WITH RESPECT TO YOUR SPECIFIC OUTCOMES THROUGH USE OF SUCH MATERIALS ACQUIRED BY USING THE SITE/APP NOR DO WE POSSESS ANY SPECIFIC CREDENTIAL, CERTIFICATION OR LICENSURE WITH RESPECT TO ANY FIELD OR INDUSTRY DISCUSSED WITHIN OUR MATERIALS. YOU FURTHER UNDERSTAND AND AGREE THAT PROGRAMS, MATERIALS OR SERVICES ACQUIRED THROUGH THE SITE/APP MAY FROM TIME TO TIME BE PROVIDED TO YOU BY THIRD PARTY INDEPENDENT CONTRACTORS. WE DO NOT HAVE LEGAL CONTROL OVER THESE INDIVIDUALS AND THEY ARE NOT OUR EMPLOYEES.
11. INDEMNITY AND LIABILITY
12. GOVERNING LAW, JURISDICTION
This Agreement is governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule. You agree that any dispute, claim or controversy arising out of or relating to your use of the Site or Services, these Terms or the breach, termination, enforcement, interpretation or validity thereof (collectively, “Disputes”) will be settled by binding arbitration between you and Company, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. This “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitration proceedings shall take place in Tulsa County, Oklahoma.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.