This website (the “Site”) is owned and operated by FitClub
Consulting d/b/a “fitclubconsulting.com”
(“COMPANY,” “we” or “us”). By using the Site, you agree to be bound by these
Terms of Service and to use the Site in accordance with these Terms of Service,
specific sections of the Site or to products and services available through the
Site or from COMPANY. Accessing the Site, in any manner, whether automated or
otherwise, constitutes use of the Site and your agreement to be bound by these
Terms of Service.
We reserve the right to change these Terms of Service or
to impose new conditions on use of the Site, from time to time, in which case
we will post the revised Terms of Service on this website. By continuing to use
the Site after we post any such changes, you accept the Terms of Service, as
Intellectual Property Rights
Our Limited License
to You. This Site and all the materials
available on the Site are the property of us and/or our affiliates or
licensors, and are protected by copyright, trademark, and other intellectual
property laws. The Site is provided solely for your personal noncommercial use.
You may not use the Site or the materials available on the Site in a manner
that constitutes an infringement of our rights or that has not been authorized
by us. More specifically, unless explicitly authorized in these Terms of
Service or by the owner of the materials, you may not modify, copy, reproduce,
republish, upload, post, transmit, translate, sell, create derivative works,
exploit, or distribute in any manner or medium (including by email or other
electronic means) any material from the Site. You may, however, from time to
time, download and/or print one copy of individual pages of the Site for your
personal, non-commercial use, provided that you keep intact all copyright and
other proprietary notices.
Your License to Us. By posting or submitting any material (including, without
limitation, comments, blog entries, Facebook postings, photos and videos) to us
via the Site, internet groups, social media venues, or to any of our staff via
email, text or otherwise, you are representing: (i) that you are the owner of
the material, or are making your posting or submission with the express consent
of the owner of the material; and (ii) that you are thirteen years of age or older.
In addition, when you submit, email, text or deliver or post any material, you
are granting us, and anyone authorized by us, a royalty-free, perpetual,
irrevocable, non-exclusive, unrestricted, worldwide license to use, copy,
modify, transmit, sell, exploit, create derivative works from, distribute,
and/or publicly perform or display such material, in whole or in part, in any
manner or medium, now known or hereafter developed, for any purpose. The
foregoing grant shall include the right to exploit any proprietary rights in
such posting or submission, including, but not limited to, rights under
copyright, trademark, service mark or patent laws under any relevant
jurisdiction. Also, in connection with the exercise of such rights, you grant
us, and anyone authorized by us, the right to identify you as the author of any
of your postings or submissions by name, email address or screen name, as we
You acknowledge and agree that any contributions
originally created by you for us shall
be deemed a “work made for hire” when the work performed is within the scope of
the definition of a work made for hire in Section 101 of the United States
Copyright Law, as amended. As such, the
copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and
exclusive owner thereof and shall have the right to exploit any or all of the
results and proceeds in any and all media, now known or hereafter devised,
throughout the universe, in perpetuity, in all languages, as COMPANY
determines. In the event that any of the
results and proceeds of your submissions hereunder are not deemed a “work made
for hire” under Section 101 of the Copyright Act, as amended, you hereby,
without additional compensation, irrevocably assign, convey and transfer to
COMPANY all proprietary rights, including without limitation, all copyrights
and trademarks throughout the universe, in perpetuity in every medium, whether
now known or hereafter devised, to such material and any and all right, title
and interest in and to all such proprietary rights in every medium, whether now
known or hereafter devised, throughout the universe, in perpetuity. Any posted
material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that COMPANY has the right but not the
obligation to use and display any postings or contributions of any kind and
that COMPANY may elect to cease the use and display of any such materials (or
any portion thereof), at any time for any reason whatsoever.
Linking and Framing. You may establish a
hypertext link to the Site so long as the link does not state or imply any
sponsorship of your site by us or by the Site. However, you may not, without
our prior written permission, frame or inline link any of the content of the
Site, or incorporate into another website or other service any of our material,
content or intellectual property.
Throughout the Site, we may provide links and pointers to
Internet sites maintained by third parties. Our linking to such third-party
sites does not imply an endorsement or sponsorship of such sites, or the
information, products or services offered on or through the sites. In addition,
neither we nor affiliates operate or control in any respect any information,
products or services that third parties may provide on or through the Site or
on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services,
offers, or other information or content expressed or made available by third
parties, including information providers, are those of the respective authors
or distributors, and not COMPANY. Neither COMPANY nor any third-party provider
of information guarantees the accuracy, completeness, or usefulness of any
content. Furthermore, COMPANY neither endorses nor is responsible for the
accuracy and reliability of any opinion, advice, or statement made on any of
the Sites by anyone other than an authorized COMPANY representative while
acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR
THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS”
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT
THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN
BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON
THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold
harmless COMPANY its affiliates, their successors, transferees, assignees and
licensees and their respective parent and subsidiary companies, agents,
associates, officers, directors, shareholders and employees of each from and
against any and all claims, causes of action, damages, liabilities, costs and
expenses, including legal fees and expenses, arising out of or related to your
breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of the Site may allow you to purchase
many different types of products and services online that are provided by third
parties. We are not responsible for the quality, accuracy, timeliness,
reliability or any other aspect of these products and services. If you make a
purchase from a merchant on the Site or on a site linked to by the Site, the
information obtained during your visit to that merchant’s online store or site,
and the information that you give as part of the transaction, such as your
credit card number and contact information, may be collected by both the
merchant and us. A merchant may have privacy and data collection practices that
are different from ours. We have no responsibility or liability for these
independent policies. In addition, when you purchase products or services on or
through the Site, you may be subject to additional terms and conditions that
specifically apply to your purchase or use of such products or services. For
more information regarding a merchant, its online store, its privacy policies,
and/or any additional terms and conditions that may apply, visit that
merchant’s website and click on its information links or contact the merchant
directly. You release us and our affiliates from any damages that you incur,
and agree not to assert any claims against us or them, arising from your
purchase or use of any products or services made available by third parties
through the Site.
Your participation, correspondence or business dealings
with any third party found on or through our Site, regarding payment and
delivery of specific goods and services, and any other terms, conditions,
representations or warranties associated with such dealings, are solely between
you and such third party. You agree that COMPANY shall not be responsible or
liable for any loss, damage, or other matters of any sort incurred as the result
of such dealings.
You agree to be financially responsible for all purchases
made by you or someone acting on your behalf through the Site. You agree to use
the Site and to purchase services or products through the Site for legitimate,
non-commercial purposes only. You also agree not to make any purchases for
speculative, false or fraudulent purposes or for the purpose of anticipating
demand for a particular product or service. You agree to only purchase goods or
services for yourself or for another person for whom you are legally permitted
to do so. When making a purchase for a third party that requires you to submit
the third party’s personal information to us or a merchant, you represent that
you have obtained the express consent of such third party to provide such third
party’s personal information.
Your purchase is for personal use only. Sharing of
purchases is not permitted and will be considered unauthorized, an infringing
use of our copyrighted material, and may subject violators to liability.
If payment for a course is declined, our system will
automatically disable access to our premium materials. (We understand. This
usually happens because a credit card expires.) We want to help restore your
access, so we’ll make every attempt to contact you to help resolve this issue.
Once the billing issue is resolved, we’ll restore access.
This Site may include a variety of features, such as
bulletin boards, web logs, chat rooms, and email services, which allow feedback
to us and real-time interaction between users, and other features which allow
users to communicate with others. Responsibility for what is posted on bulletin
boards, web logs, chat rooms, and other public posting areas on the Site, or
sent via any email services on the Site, lies with each user – you alone are
responsible for the material you post or send. We do not control the messages,
information or files that you or others may provide through the Site. It is a
condition of your use of the Site that you do not:
Restrict or inhibit any
other user from using and enjoying the Site.
Use the Site to
impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity.
Interfere with or
disrupt any servers or networks used to provide the Site or its features, or
disobey any requirements, procedures, policies or regulations of the networks
we use to provide the Site.
Use the Site to
instigate or encourage others to commit illegal activities or cause injury or
property damage to any person.
Gain unauthorized access
to the Site, or any account, computer system, or network connected to this
Site, by means such as hacking, password mining or other illicit means.
Obtain or attempt to
obtain any materials or information through any means not intentionally made
available through this Site.
Use the Site to post or
transmit any unlawful, threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane or indecent information of any kind, including
without limitation any transmissions constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil liability or otherwise
violate any local, state, national or international law.
Use the Site to post or
transmit any information, software or other material that violates or infringes
upon the rights of others, including material that is an invasion of privacy or
publicity rights or that is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first obtaining
permission from the owner or rights holder.
Use the Site to post or
transmit any information, software or other material that contains a virus or
other harmful component.
Use the Site to post,
transmit or in any way exploit any information, software or other material for
commercial purposes, or that contains advertising.
Use the Site to
advertise or solicit to anyone to buy or sell products or services, or to make
donations of any kind, without our express written approval.
Gather for marketing
purposes any email addresses or other personal information that has been posted
by other users of the Site.
COMPANY may host message boards, chats and other public
forums on its Sites. Any user failing to comply with the terms and conditions
of this Agreement may be expelled from and refused continued access to, the
message boards, chats or other public forums in the future. COMPANY or its
designated agents may remove or alter any user-created content at any time for
any reason. Message boards, chats and other public forums are intended to serve
as discussion centers for users and subscribers. Information and content posted
within these public forums may be provided by COMPANY staff, COMPANY’s outside
contributors, or by users not connected with COMPANY, some of whom may employ
anonymous user names. COMPANY expressly disclaims all responsibility and
endorsement and makes no representation as to the validity of any opinion,
advice, information or statement made or displayed in these forums by third
parties, nor are we responsible for any errors or omissions in such postings,
or for hyperlinks embedded in any messages. Under no circumstances will we, our
affiliates, suppliers or agents be liable for any loss or damage caused by your
reliance on information obtained through these forums. The opinions expressed
in these forums are solely the opinions of the participants, and do not reflect
the opinions of COMPANY or any of its subsidiaries or affiliates.
has no obligation whatsoever to monitor any of the content or postings on the
message boards, chat rooms or other public forums on the Sites. However, you
acknowledge and agree that we have the absolute right to monitor the same at
our sole discretion. In addition, we reserve the right to alter, edit, refuse
to post or remove any postings or content, in whole or in part, for any reason
and to disclose such materials and the circumstances surrounding their
transmission to any third party in order to satisfy any applicable law,
regulation, legal process or governmental request and to protect ourselves, our
clients, sponsors, users and visitors.
We occasionally include access to an online community as
part of our programs. We want every single member to add value to the group.
Our goal is to make your community the most valuable community you’re a member
of. Therefore, we reserve the right to remove anyone at any time. We rarely do
this, but we want to let you know how seriously we take our communities.
To access certain features of the Site, we may ask you to
provide certain demographic information including your gender, year of birth,
zip code and country. In addition, if you elect to sign-up for a particular
feature of the Site, such as chat rooms, web logs, or bulletin boards, you may
also be asked to register with us on the form provided and such registration
may require you to provide personally identifiable information such as your
name and email address. You agree to provide true, accurate, current and
complete information about yourself as prompted by the Site’s registration
form. If we have reasonable grounds to suspect that such information is untrue,
inaccurate, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Site (or any
portion thereof). Our use of any personally identifiable information you
provide to us as part of the registration process is governed by the terms of
To use certain features of the Site, you will need a
username and password, which you will receive through the Site’s registration
process. You are responsible for maintaining the confidentiality of the
password and account, and are responsible for all activities (whether by you or
by others) that occur under your password or account. You agree to notify us
immediately of any unauthorized use of your password or account or any other
breach of security, and to ensure that you exit from your account at the end of
each session. We cannot and will not be liable for any loss or damage arising
from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR
MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR
THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR
BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH
DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT
COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH
STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR
ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE,
OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS
COMPANY IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN
INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT
AS A FINANCIAL ADVISOR.
WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS
AND INFORMATION CONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES ARE FOR
GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY US IS
INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR
SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION
OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. OUR INFORMATION SHOULD NOT BE
RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS.
WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE
AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS
BEFORE ACTING ON ANY INFORMATION PROVIDED BY US.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY
MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY,
COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
YOU acknowledge and agrees that no representation has been
made by COMPANY OR ITS AFFILIATES and relied upon as to the future income,
expenses, sales volume or potential profitability that may be derived from the
participation in THIS PROGRAM.
We may cancel or terminate your right to use the Site or
any part of the Site at any time without notice. In the event of cancellation
or termination, you are no longer authorized to access the part of the Site
affected by such cancellation or termination. The restrictions imposed on you
with respect to material downloaded from the Site, and the disclaimers and
limitations of liabilities set forth in these Terms of Service, shall survive.
All sales are final and no refunds will be afforded and you waive any rights to charge-back your
purchase with your credit card processor.
The Digital Millennium Copyright Act of 1998 (the “DMCA”)
provides recourse for copyright owners who believe that material appearing on
the Internet infringes their rights under the U.S. copyright law. If you
believe in good faith that materials hosted by COMPANY infringe your copyright,
you, or your agent may send to COMPANY a notice requesting that the material be
removed or access to it be blocked. Any notification by a copyright owner or a
person authorized to act on its behalf that fails to comply with requirements
of the DMCA shall not be considered sufficient notice and shall not be deemed
to confer upon COMPANY actual knowledge of facts or circumstances from which
infringing material or acts are evident. If you believe in good faith that a
notice of copyright infringement has been wrongly filed against you, the DMCA
permits you to send to COMPANY a counter-notice. All notices and counter
notices must meet the then current statutory requirements imposed by the DMCA;
see http://www.loc.gov/copyright for details. COMPANY’s Copyright Agent for
notice of claims of copyright infringement or counter notices can be reached as
This Agreement shall be binding upon and inure to the
benefit of COMPANY and our respective assigns, successors, heirs, and legal
representatives. Neither this Agreement nor any rights hereunder may be
assigned without the prior written consent of COMPANY. Notwithstanding the foregoing, all rights and
obligations under this Agreement may be freely assigned by COMPANY to any
affiliated entity or any of its wholly owned subsidiaries
accordance with the laws of the State of California and any dispute shall be
subject to binding arbitration in California, United States. If any provision
of this agreement shall be unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining provisions.
it is highly unlikely, This policy may be changed at any time at our discretion.
If we should update this policy, we will post the updates to this page on our
If you have any questions or concerns regarding our
Copyright 2017 - FitClub Consulting - All Rights Reserved