User Agreement

I. Introduction

In this agreement, we have referred to the FITTERWITH service as the "Service", to you as the "User" and to this contract as the "Agreement".

II. Relationship Between FITTERWITH And User: Providing Only a Venue

FITTERWITH is an Internet forum that facilitates communication between fitness professionals – namely nutritionists, dietitians, and personal trainers – and potential users of fitness services. FITTERWITH acts as a venue for providers and purchasers of fitness services to exchange information with the goal of eventually forming a professional relationship. FITTERWITH does not guarantee that Users will successfully find fitness services through this system.

In order to provide an optimal forum for clients and fitness professionals, FITTERWITH does not involve itself in the agreements between members and clients. Therefore, we cannot ensure the completion of the agreement or the integrity of either party. The User, and not FITTERWITH, is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the User communicates on the Service.

FITTERWITH does not screen or vouch for any of its Users

Providing a service where potential clients and fitness professionals can meet does not imply an endorsement of any subscribing fitness professional or service provider. FITTERWITH makes no representation concerning a fitness profesional’s qualifications, nor does it sanction statements fitness professional may post or express on the system.

FITTERWITH does not provide fitness advice

FITTERWITH offers no specific fitness advice, recommendations, or counseling under any circumstance. FITTERWITH encourages the User not to accept any information received from any source found on this service, unless it is from a fitness professional the User has retained for services.

Disclaimer of representations by Users

FITTERWITH makes no representation, guarantee, or warranty (express or implied) as to the ability, competence, or quality of services which may be provided by any of the fitness professionals or service providers that are listed through this Web site or any affiliate thereof.

III. User Guidelines

In order to keep this system attractive and useful for all Users, it is important that Users follow the rules of the system. Some of these rules are described in this contract, and the rest in bulletins posted at various points in the system. FITTERWITH reserves the right to deny further access to its service to any User who violates these rules, is the subject of complaints by other FITTERWITH Users, for any other reason, or for no reason at all.

Users may not engage in any of the following activities on our system:

  • do or say anything to injure or harm others
  • display material containing nudity or pornographic material of any kinds
  • provide material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity

  • promote or provide instructional information about illegal activities, or promoting physical harm or injury against any group or individual

  • defame any person or group
  • display material that exploits children under 18 years of age
  • violate the rights of another, including but not limited to the intellectual property rights of another. This includes using the Service for acts of copyright, trademark, patent, trade secret, or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for game emulation)

  • violate Internet standards
  • use the Service for displaying harassing, abusive, threatening, harmful, vulgar, obscene, or tortuous material or invading other's privacy

  • interfere with or disrupting the Service or servers or networks connected to the Service by posting advertisements or links to competing services, transmitting "junk mail", "spam", "chain letters", or unsolicited mass distribution of e-mails

  • encourage any illegal activity, including anything to do with illegal drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes

  • compromise the security of the Service FITTERWITH provides. Do not try to gain access to system areas private to FITTERWITH, or to other Users.

IV. Disclaimer of Information Obtained on the Service

FITTERWITH provides fitness professionals and potential clients with a forum that functions as an open market. FITTERWITH is not responsible for the content of materials or opinions expressed on its Web sites. The opinions and views expressed are those of the individual Users of the Service and do not reflect those of FITTERWITH. Data submitted by other Users is not verified or reviewed in any way before it appears on the FITTERWITH Web site. FITTERWITH does not warrant the validity or accuracy of any such information. Please use caution and common sense when using this site.

FITTERWITH does not continuously review the standing of any fitness professional on the Service with any regulatory authority. When considering employing any fitness professional, Users should check with the agency that certified the provider or the applicable regulatory body.

FITTERWITH is unable to track, verify, or monitor the standing of each fitness professional using the Service, therefore, FITTERWITH makes no representation regarding the status, standing or ability of any fitness professional or service provider listed through this Web site.

Users are urged to make their own independent investigation and evaluation of any fitness professional being considered.

FITTERWITH is not responsible for, and in no way endorses, any description or indication of specialization by a fitness professional. Please be aware that no agency or board may have certified such fitness professional as a specialist or expert in any indicated field. In addition, a fitness professional claiming specialization is not necessarily any more expert or competent than other fitness professional. It is up to the User to question the fitness professionals and providers on the factual basis of any statement they make, ask for the names of the certifying agencies, and verify all information.

FITTERWITH in no way endorses the content of any responses, statements, or promises made by fitness professionals or any other parties, on or off this site.

V. Confidentiality

FITTERWITH makes every effort to maintain the confidentiality of any information submitted by Users to our System and our database of members. However, because FITTERWITH cannot control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the System. Do not provide any other highly personal, sensitive, or incriminating information. FITTERWITH is not responsible for the release or improper use of such information by other Users or any release due to error or failure in the System.

User agrees that fitness professionals contacted by User through the System may report to FITTERWITH on whether their services were engaged by the User and the total fees paid.

VI. Indemnification

The User agrees that FITTERWITH is not responsible for any harm that this service may cause. The User agrees to indemnify, defend, and hold FITTERWITH harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Service. The User agrees that this defense and indemnity shall also apply to any breach by the User of the Agreement or the foregoing representations, warranties and covenants. The User further agrees that this defense and indemnity shall include without limitation attorney fees and costs. The User also agrees that this defense and indemnity shall apply to FITTERWITH, its affiliates, directors, officers and employees. FITTERWITH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of FITTERWITH.

VII. Communications and Other Data

FITTERWITH is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons.

VIII. Other FITTERWITH Rights

FITTERWITH also reserves the following rights:

  • to release current or past User information, pursuant to the terms of the Privacy Policy, in the event FITTERWITH believes that accounts are in violation of the terms of service or page content guidelines, used to commit unlawful acts, if the information is subpoenaed, and/or if FITTERWITH deems it necessary and/or appropriate.

  • to deny service to offenders of these guidelines or the Agreement

  • to terminate or deny service to anyone for any reason or no reason

IX. Privacy Policy

A. Collection of Information

When you register with FITTERWITH, we ask that you provide your name, e-mail address, and zip code. If you are a professional services provider, you will also be asked to provide your name, address, and telephone. In the course of your use of the site, we may also request additional information from you. For example, if you are a professional services provider, you will be asked to describe your areas of practice, experience, and education

In the course of using our site, we automatically track certain information including your IP address, what browser you are using, and the URL you just came from. We also collect information about your use of our site in order to optimize our site usability.

We use cookie technology to assist users in navigating through our site more efficiently. Third party affiliates may also set cookies on the site for the purpose of tracking leads. A cookie is a small text file that resides on your hard drive. At various points on our site, our system will request the cookie from your browser so that we can retrieve the stored information. The cookie may be linked to a unique number that our system can read to determine your user ID and preferences. This prevents you from repeatedly making the same selections. Knowing how you use the site enables us to better tailor content and services to your needs. The cookie does not contain information that others could use to personally identify you, and other Web sites cannot access the information we store on your computer. Most cookies are "session cookies," meaning that they are automatically deleted at the end of a session. You must set your browser to accept cookies to be able to use our site at this time.

B. Use of Collect Information

The primary reason that FITTERWITH collects information from its users is to match the right professional services providers with the people who need them.

FITTERWITH reserves the right to sell, trade, or rent your personal information to others. We further use your information to improve our marketing and promotional efforts, statistically analyze site usage, and improve our site's content, offering, and layout. Your IP address may be used to help diagnose problems with our server, to administer our Web site, and for security needs. FITTERWITH may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to third-party vendors, and these statistics may include personal identifying information.

We may use the information we collect to notify you about the status of your FITTERWITH account, important functionality changes to our Web site, new FITTERWITH services, and special offers we think you'll find valuable. We may also contact you to verify your information or ask you about your experiences with our system.

Except for communications that relate directly to the service being provided, you may "opt out" of receiving communications from us. To opt out of non-required communications, check the appropriate boxes when you register or at any time by logging into the system and modifying your profile information. Profile information can be modified by logging into your homepage.

When it is necessary to contact you, we use your e-mail address FITTERWITH.com will not ask you for your password if we contact you. Do not disclose your password if asked by a caller claiming to represent FITTERWITH.

FITTERWITH may also develop business partnerships with other companies, as part of our service to users. These special business partnerships may include acquisitions by or mergers with other companies or special joint ventures that integrate our Web sites and services

Legal Related Disclosure

FITTERWITH may release account information when we believe, in good faith, that such release is reasonably necessary to:

  • comply with law
  • enforce or apply the terms of any of our user agreements, or

  • protect the rights, property or safety of FITTERWITH, our users, or others.
Consent and Changes to This Policy

By using our Web site, you consent to the collection and use of this information by FITTERWITH. If we change our privacy policy, we will post those changes on this page so that you are aware of what information we collect, how we use it, and under what circumstances we disclose it. It is your sole responsibility to chack for any updates or changes to this Policy.

X. Modifications to Terms of Service

FITTERWITH may change the Agreement at any time. The User will be notified of the change and will be responsible for promptly reading and complying with the new terms and conditions. Continued use of the service will indicate acceptance of the new terms and conditions.

XI. Modifications to Service

FITTERWITH reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to the User. The User agrees that FITTERWITH shall not be liable to the User or any third party for any modification or discontinuance of the Service. The User acknowledges and agrees that any termination of Service under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that FITTERWITH may immediately delete data and files in the User's account and bar any further access to such files or the Service.

XII. FITTERWITH's Proprietary Rights

FITTERWITH owns certain things on this system, including the 'look and feel' of the system, the name of the system, and the collective work copyright in sequences of public messages on the system. Users cannot reproduce any messages from the system, either electronically or in print, without FITTERWITH's permission and the permission of all participants in the messages. This is not a complete list — other things on the system are also FITTERWITH property. Contact FITTERWITH before copying anything from the system with plans of reproducing it or distributing it.

All information and data entered into the site – including but not limited to text, photographs, graphics and videos – by you, the User, is property of FITTERWITH. You waive any rights to such information and data that might otherwise apply.

The User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design, or other material contained in the Service or information presented through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by FITTERWITH or its Sponsors, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. The User acknowledges and agrees that FITTERWITH can display images, videos and text throughout the Service.

XIII. Disclaimer of Warranties and Limitation of Liability

A great danger for FITTERWITH, and for all operators of online systems, is that we might be held accountable for the wrongful actions of our Users. If one User libels another User, the injured User might blame us, even though the first User was really at fault. If a User uploads a program with a computer virus, and the other Users' computers are damaged, we might be blamed even though a User left the virus on our System. If a User transmits illegal or improper information to another User, we might be blamed even though we did nothing more than unknowingly carry the message from one User to another. Accordingly, we need all Users to accept responsibility for their own acts, and to accept that an act by another User that damages them must not be blamed on us, but only on the other User.

Although it is FITTERWITH's goal to provide Users with a reliable, quality system, we may make mistakes or experience system failure from time to time. Such problems are inevitable in operating a system of this size. We would not be able to make this system available to Users if we had to accept blame or financial liability for any usability problems, system failures or errors, or mistakes or damages of any kind. In order to continue offering and improving our service, FITTERWITH must deny any warranties on this service and insure that our liability for any problems connected with the use of our system is strictly limited.

These needs are accomplished by the following disclaimers:

Disclaimer of Warranties

The user expressly agrees that use of the service is at the user's sole risk. The service is provided on an "as is" and "as available" basis. FITTERWITH expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. FITTERWITH makes no warranty that the service will meet user's requirements, that the service will be uninterrupted, timely, secure, or error-free; nor does FITTERWITH make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. FITTERWITH makes no warranty regarding any goods or services purchased or information obtained through the service or any transactions entered into through the service.

No advice or information, whether oral or written, obtained by the user from FITTERWITH shall create any warranty not expressly stated herein.

Limitation of Liability

The user agrees that FITTERWITH shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user's transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if FITTERWITH has been advised of the possibility of such damages. The user further agrees that FITTERWITH shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

XIV. Arbitration

Any controversy or claim arising out of or relating to this Agreement or FITTERWITH services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of New York, New York, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either the User or FITTERWITH may seek any interim or preliminary relief from a court of competent jurisdiction in the County of New York, New York, necessary to protect the rights or property of the User or FITTERWITH pending the completion of arbitration. This arbitration clause does not prohibit either FITTERWITH or the User from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction within the County of New York, New York.

XV. Billing

Upon registration and approval of credit, members will have free and full access to the site for 45 days. Billing will begin automatically on day 46 (“Membership Start Date”) and members will be auto-enrolled in the annual or monthly plan. (Members may choose either the annual or monthly option upon registration and may change billing options at any time). Monthly billing will occur automatically every 30 days beginning on Membership Start Date. For questions regarding billing, please email us at the following address, billing@fitterwith.com

XVI. Refund Policy

Members who wish to cancel their annual subscriptions may do so within 45 days of the Membership Start Date and agree to be charged a pro-rated amount accordingly. Members who wish to cancel their monthly subscriptions may do so as long as notice is given 5 business days prior to billing. To cancel service, please email us at the following address, cancel@fitterwith.com. For the avoidance of doubt, a confirmation email will be sent to you. Also, to avoid abuse of our refund policy, members who choose to cancel their annual membership will be required to wait six months before signing up for another annual membership; however, these members will be able to re-sign for monthly memberships.

XVII. General

This agreement, the Agreement, incorporates our Privacy Policy and any notice by FITTERWITH contained in any of the Web site pages and constitutes the entire understanding between the User and FITTERWITH regarding the User's relationship to our Service.

Users can reach our Service from all fifty states and around the world. Each of these places has a different set of laws. Since FITTERWITH cannot keep track of all these laws and their requirements, the Agreement and the relationship between the User and FITTERWITH shall be governed by the laws of the State of California without regard to its conflict of law provisions.

If FITTERWITH fails to exercise or enforce any right or provision of this Agreement, that failure shall not be used to prove that FITTERWITH has waived the right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.