Terms of Use

By using the FitPhysiqueOnline.com Web site, owned and operated by Fit Physique Custom Fitness, Inc. (Fit Physique), you are subject to certain terms and conditions as set forth below.

1. The content and software on FitPhysiqueOnline.com or related emails is general in nature and is provided for educational purposes to help you make informed decisions about your diet and health. Fit Physique strongly advises that you consult your health care provider before you alter your diet or fitness activities. The material presented here is not intended to be a substitute for medical counseling. Before adhering to any of the information or recommendations presented throughout FitPhysiqueOnline.com or related emails, please consult with your own physician or healthcare practitioner. Neither the content nor any other service offered by or through FitPhysiqueOnline.com is intended to be relied upon for medical diagnosis or treatment. FitPhysiqueOnline.com reserves the right to refuse or cancel membership for any reason, including certain medical conditions.

2. GENERAL TERMS AND CONDITIONS: You agree to: (a) maintain all equipment necessary for your access to and use of the Site; (b) maintain the security of your user identification, password and other confidential information relating to your FitPhysiqueOnline.com account; (c) be responsible for all charges resulting from use of your FitPhysiqueOnline.com account, including unauthorized use prior to your notifying FitPhysiqueOnline.com of such use and taking steps to prevent its further occurrence by changing your password; and (d) updating your personal information, including email address.

3. MEMBERSHIP TERM AND RENEWAL: The initial membership term is selected by the user upon registration, committing that user to a subscription of the time frame of his/her selection. Upon expiration of the initial membership term, every membership is automatically converted to a month-to-month membership. Members are financially responsible for all associated monthly fees until notice of cancellation is received by FitPhysiqueOnline.com.

4. 15-DAY RETURN POLICY: Members may cancel their FitPhysiqueOnline.com subscription within the initial 15 day grace period of their initial registration without incurring any fee. For example, if a user subscribes to FitPhysiqueOnline.com on January 7th, they have until January 22nd to cancel their program. In this instance, 15-Day return requests received on or after January 23rd would not be honored. To return the product within the 15-day grace period return policy window, a user must cancel their monthly program by emailing support@fitphysiqueonline.com. Request for refunds will not be honored after the grace period.

5. CANCELLATION: After the initial membership term ends, membership will automatically renew on a monthly basis. Membership will renew on the day after the initial membership ends, and renew on the same date of each month thereafter. Members are entitled to permanently cancel these monthly renewals at any time. However, cancellation will not become effective until the end of the membership month in which cancellation takes place. Fit Physique will not provide prorated or retroactive refunds. A member may cancel his/her monthly program by emailing support@fitphysiqueonline.com.

6. DISCLAIMER OF WARRANTIES: You expressly understand and agree that your use of FitPhysiqueOnline.com and your following or adhering to the advice and information contained herein is at your sole risk including, without limitation, risk of injury or death, and that FitPhysiqueOnline.com, and the information, content, advice, programs, goods and services made available therein, is provided on an "as-is" and "as available" basis. To the fullest extent permissible under applicable law, in regard to FitPhysiqueOnline.com and all content, information and material thereon and products and services made available therein, Fit Physique expressly disclaims all warranties of any kind, including without limitation any warranty of merchantability, fitness for a particular purpose and non-infringement. The content on FitPhysiqueOnline.com may contain inaccuracies and typographical errors. Fit Physique does not warrant the accuracy or completeness of the content or the reliability of any advice, opinion, statement, or other information displayed or distributed through FitPhysiqueOnline.com. You acknowledge that any reliance on any such opinion, advice, statement or other information shall be at your sole risk. Fit Physique does not make any warranty that FitPhysiqueOnline.com or its services will meet your requirements or expectations or be of a certain quality, or that FitPhysiqueOnline.com or its services will be uninterrupted, timely, secure, virus-free or error-free, or that defects in FitPhysiqueOnline.com, if any, will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through FitPhysiqueOnline.com is at your own discretion and risk and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or information. You further understand and agree that the Internet is composed of many privately owned systems and networks of telephone wires and switches and wireless technologies and is dependent for its ongoing operations upon computers and other electronic hardware that are often unstable and subject to malfunctions, and, therefore, it is the inherent nature of these systems and networks, and the Internet to experience systems and hardware failures, packet losses and downtime. Accordingly, you hereby release and forever discharge Fit Physique from any and all costs, losses, liability or damages resulting from downtime caused by any of the failures described or referred to above. No advice or information, whether oral or written, obtained by you from Fit Physique or through or from FitPhysiqueOnline.com shall create any warranty not expressly stated in these terms of use.

7. LIMITATION OF LIABILITY: In no event, including without limitation negligence, shall Fit Physique, its parents, subsidiaries, affiliates, agents, officers, directors, employees, suppliers or any third-parties be liable to any person or entity for any direct, indirect, special, exemplary, consequential or other damages (including, without limitation, personal injury or death, any lost profits, business interruption, loss of information or programs or other data on any information handling system) that arise out of or otherwise are related to the use of, or the inability to use, FitPhysiqueOnline.com or its services or any linked Web site, the statements, information or advice available through FitPhysiqueOnline.com, or unauthorized access to the site, your transmissions, your account or your password, even if Fit Physique is expressly advised of the possibility of such damages. In no event shall Fit Physique's total liability to you exceed the fees paid by you, if any, for membership, subscription or a particular product or service. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

8. INDEMNIFICATION: You agree to indemnify, defend and hold harmless Fit Physique, its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, suppliers and any third-parties from any loss, liability, claim, demand, action or damage, including reasonable attorneys' fees, arising out of or related to (i) your use or access of FitPhysiqueOnline.com or services, (ii) the use of your FitPhysiqueOnline.com account, (iii) any content, information or material you receive on or through FitPhysiqueOnline.com, (iv) any content, information or material you post or transmit via FitPhysiqueOnline.com or related email service, or (v) your breach or violation of any of these Terms of Use.

9. MODIFICATIONS AND TERMINATION: Fit Physique reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, FitPhysiqueOnline.com (or any part thereof), with or without notice to you. You acknowledge and agree that Fit Physique shall not be liable to you or to any third-party for any modification, suspension or discontinuance of FitPhysiqueOnline.com or its services. You further acknowledge and agree that Fit Physique, in its sole discretion and at any time without notice to you, may terminate your use of FitPhysiqueOnline.com or its services, including without limitation, your password and account, and may remove or delete any content on the site or within your account, including content you have provided to Fit Physique or transmitted through FitPhysiqueOnline.com. You agree that any termination of your access to FitPhysiqueOnline.com or its services under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Fit Physique may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or FitPhysiqueOnline.com or its services. Upon termination, you agree to destroy all copies of material you obtain through FitPhysiqueOnline.com. Further, you agree that Fit Physique shall not be liable to you or any third party for any termination of your access to FitPhysiqueOnline.com and its services.