IMPORTANT – READ CAREFULLY: By completing this transaction and exercising your rights to make and use of this internet application (eApplication), you agree to be bound by the terms and conditions of this license agreement set forth by FitKloud, LLC. (FitKloud). If you do not agree with the terms and conditions of this Agreement, please terminate this internet session by closing your browser.
By registering for use of the Application, you certify that your customers do not have an existing or pre-existing medical condition, and if so, they have received consent from a physician to par-ticipate in the programs to be provided by the Application. This program or related products are not intended to replace the expert advice of a medical practitioner and are not designed to treat diseases of any kind. In addition, you agree to the following terms and conditions. The terms and conditions of this Agreement may be amended or modified at any time.
By using the Application, owned and operated by FitKloud (FitKloud), you are subject to certain terms and conditions as set forth below.
1. The content and software on Subscription 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-Kloud 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 coun-seling. Before adhering to any of the information or recommendations presented throughout the Application or related emails, please consult with your own physician or healthcare practitioner. Neither the content nor any other service offered by or through Subscription is intended to be relied upon for medical diagnosis or treatment. Subscription 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 Subscription account; (c) be responsible for all charges resulting from use of your Subscription account, including unauthorized use prior to your notifying Subscription 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 subscription term is selected by the user upon the subscription setup, committing that user to a subscription of the time frame of his/her selection. Upon expiration of the initial membership term, each subscription automatically be converted to a month-to-month subscription. Subscribers are financially responsible for all asso-ciated monthly fees until notice of cancellation is received by the subscriber.
3a. ACTIVATION AND MEMBERSHIP FOR INDIVIDUALS: If you signed up for a membership, you accept and agree to the all of the Terms and Conditions provided by FitKloud, LLC. Your membership begins the moment you sign up until the cancellation. You’re membership billing cycle will begin on the 1st day or also known as activation day and you will be subject to the terms and conditions of a regular subscription being billed on your activation day ($59.00 Self-Starter Membership or $79.00 Premier Membership) and every 30 days after for $59.00 Self-Starter or $79.00 Premier, depending on your membership level. You can cancel your trial subscription by sending an email to: email@example.com or by calling 1 (888) 819-5345. Please include your username and email address in the cancellation email.
4. 24 HOUR RETURN POLICY: Members may cancel his/her Subscription within 24 hours of his/her initial subscription without incurring any fee. After this initial 24 hour period, a member may not cancel his/her subscription for the remainder of the initial subscription term they selected during the subscription process. For example, if a user subscribes to subscription on January 1st, they have until January 2nd to cancel his/her program. In this instance, cancellation requests received on or after January 2nd would not be honored. To cancel a subscription within the 24 hour return policy window, a user must cancel his/her monthly program by emailing firstname.lastname@example.org. Request for refunds will not be honored after the 24 hour period.
5. CANCELLATION: After the initial membership term ends, membership may automatically renew on a monthly basis. Membership may renew on the day after the initial membership ends, and renew on the same date of each month thereafter. Subscribers are entitled to permanently cancel these monthly renewals at any time. However, cancellation will not become effective until the end of the subscription month in which cancellation takes place. FitKloud will not provide prorated or retroactive refunds. A member may cancel his/her monthly program by emailing email@example.com or by calling (888) 819-5345 Monday through Friday 8 am – 5pm EST.
7. LIMITATION OF LIABILITY: In no event, including without limitation negligence, shall FitKloud, 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, the Application or its services or any linked Web site, the statements, information or advice available through subscription, or unauthorized access to the site, your transmissions, your account or your password, even if FitKloud is expressly advised of the possibility of such damages. In no event shall FitKloud’s total liability to you exceed the fees paid by you, if any, for subscription or a particular product or service. Some jurisdictions do not allow the limitation or exclusion of lia-bility for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Use of Information
FitKloud collects three (3) types of information from users through use of the Application:
1. “Personal Demographic Information” Demographic Information is the basic user data (name, e-mail, birth date, ZIP or postal code, etc.) collected and stored by FitKloud and transferred to the Provider (if not FitKloud)
2. “Personal ProfileIt contains information about your fitness level, schedule, equipment, and other important variables.
3. “Personal Food Intake and Exercise Data” Food intake and exercise activity data is the infor-mation gathered over time from your use of the Application.
The following section covers use of specific user information by FitKloud:
2. Anonymous Use of Demographic Information. Demographic Information is shared with affili-ates, partners and advertisers on an aggregate, or collective, basis WITHOUT SHARING YOUR USER NAME OR CONTACT INFORMATION.
3. Personal Food Intake and Exercise Data. FitKloud stores and maintains all Personal Food In-take and Exercise Data collected by the Application. FitKloud reserves the right to use the data collected to aid in research and development of the Application. We reserve the right to the use of the data in an anonymous format in any way we deem responsible and correct (whether it be the sale, publishing, or any other use). FitKloud also reserves the right to do as we see fit with findings based on the data collected. If you cancel your subscription to the Application, your Personal Food Intake and Exercise Data are maintained in a strictly anonymous fashion. We re-serve the right to the Personal Food Intake and Exercise Data and to the continued use of that data. Personal Food Intake and Exercise Data are the property of FitKloud.
4. Online Surveys. From time-to-time, you may find online surveys within the Application. Our online surveys may ask users or visitors for demographic information (like zip code or age). We may use data from our surveys to send information about our company and (with your permis-sion) promotional material from some of our affiliates, partners, sponsors and advertisers.
5. Use of IP Addresses. An IP (Internet Protocol) address is your computer’s Internet address. We use your IP address to help diagnose problems with our server, and to administer the Appli-cation. Your IP address is used to help identify you and to gather broad demographic and geo-graphic information.
7. Message Boards and Other Public Forums. Because our goal is to foster and cultivate an in-formed fitness community, we may offer the use of Message Boards and other Public Forums within the Application. Since these are public areas, any information you may disclose becomes public information. Please remember this, and use extreme care when disclosing your personal information. FitKloud is not responsible or liable for the uses that others may make of informa-tion you provide on the Message Boards and the other Public Forums.
8. Links to Other Sites. The Application contains links to other sites. Our advertisers, Providers and/or affiliates may place cookies on your hard drive either directly or when you use a link pro-vided within the Application. We cannot directly control what these cookies do or what our ad-vertisers, providers and/or affiliates do. FitKloud is not responsible for the privacy practices or the content of such Web sites. Our privacy practices may be different than those on other sites. Please make sure you familiarize yourself with the privacy practices of third party web sites be-fore disclosing personal information to them. Any use of these third party web sites is at your own risk.
10. Use of Navigation Paths. We track everything a user does within the Application. The type of information we collect includes (but is not limited to) where a user goes within the Application, how long a user is using the Application, and what links a user chooses. We do this by recording Navigation Paths. For example, we may track the number of people who view each page to learn which features are the most popular. By collecting data in this way, we can generate anonymous reports based on a user’s Navigation Path that can tell a provider or sponsor what users are doing within the Application and then can be used by our sponsors and providers for marketing pur-poses. The data collected will also be incorporated into a user profile that helps FitKloud perso-nalize and enhance your on-line experience.
While we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us or that you transmit from the Application, and you do so at your own risk. Once we receive your transmission, we take all reasonable efforts to ensure its security on our systems. Sometimes user data is not retrievable or is lost or damaged. In these instances, we will try to retrieve or restore the data but we cannot be held liable for data that is lost or damaged, not retrievable, altered or misused.
The Application is not directed to children under the age of eighteen (18), and FitKloud makes its best efforts to prohibit subscription by children under the age of eighteen (18). We will not knowingly collect personally identifiable information from children under the age of eighteen (18).
If a child identifies himself/herself through the subscription process to be under the age of eigh-teen (18), FitKloud will not knowingly allow the child to register for the Application or to have access to the Application.
E-mail Communication to Users
FitKloud does not believe in SPAM (junk e-mail). We send two types of communication to our users:
1. Personalized feedback and motivational messages. These messages are sent to you automati-cally based upon your interaction with the Application. They will provide important information about your progress and recommend next steps.
2. General newsletters and special offers. FitKloud will distribute newsletters and special offers periodically to provide general information and updates to all users of the Application.
Both the feedback messages and general newsletters may also from time-to-time include special offers from FitKloud and Providers. The messages are sent directly from and regulated by Fit-Kloud. You will not receive advertisements or offers directly from third parties other than your Provider.
Please note that canceling your subscription to the Application does not automatically remove you from our communication list.
Sellers (Consultant) and Purchasers (Client)
Hold Harmless and Indemnification Agreement
You (the Purchasers) hereby warrant that you will indemnify and hold harmless FitKloud, known hereafter as (the Sellers), and its officers, directors, agents and employees. This indemnification and hold harmless warranty extends to Sellers, individually and separately, and, the corporation’s successors, and subsidiaries, as against any and all claims, demands, actions, and causes of ac-tion, including personal injury, and all other liability whatsoever, including, but not limited to, costs, attorney’s fees and/or judgments which arise out of the use of the Sellers weight manage-ment software programs and exercise and fitness software programs.
You, as Purchaser(s) further warrant that you will hold harmless and indemnify the Sellers cor-poration, its agents, directors, officers, employees and individuals named in paragraph one of this Hold Harmless and Indemnification Agreement, against any and all claims for liability and/ or damages, arising from any and all violation(s) of Codes, Statutes, Licensing Procedures, Licen-sure Examinations and/or Subscription Requirements, of any such state(s), which govern the practice of dietetics and/or weight management and/or nutritional counseling and/or advise, whether known or unknown to the Purchaser(s) at the time of purchase and subsequent use with the public of the Sellers weight management software programs and exercise and fitness software and programs.
Such indemnification includes, but is not limited to costs, attorney’s fees, and damages, whether or not reduced to judgment and judgments which might arise from such claims, law suits, and/ or administrative filings.
The indemnification includes all costs and attorney fees incurred by the Sellers in the investiga-tion and defense of any claim enumerated in paragraphs preceding prior to a determination of an exact date of an occurrence and/or incident and/or violation upon which such alleged claims may be based.
It is further understood and agreed by the Purchaser(s), that the consideration for this Indemnifi-cation and Hold Harmless Agreement, benefiting the Seller, its agents, directors, officers, em-ployees and the individuals named in the paragraphs preceding is the weight management soft-ware content of the program.
Acceptance of the user agreement confirms that Purchaser(s) have agreed to be bound by the terms of the Indemnification and Hold Harmless Agreement and are contractually bound to in-demnify the Sellers and its agents, directors, officers, employees and the individuals named in paragraphs preceding, and such obligation includes the responsibility to pay any and all costs and attorney’s fees which may be incurred by the Buyer in defending its agents, directors, officers, employees and individuals named in the paragraphs preceding.
To change and modify any information you provided to us previously, please access that infor-mation by Company Console from within the Application.
Disclosure of Information in Certain Circumstances
FitKloud may disclose a user’s personal information in the following restricted cases:
1. Disclosure is required by law;
2. Violation of the User Agreement by a user;
3. Violation of the law by a user;
4. Disclosure is essential for the continued operation of the Application or our services.
From time to time, FitKloud may send information about its services to the mailing addresses of users. Your mailing address or any updates to it may be released to organizations to which you already have voluntarily provided Demographic Information and who are FitKloud Providers. We allow Provider organizations to download mailing addresses in order to contact members or subscribers; however, an organization has access only to its own member or subscriber list.
PO BOX 376
6501 E Greenway Rd #103
Scottsdale, AZ 85254
FitKloud requires that your clients (customers) consult with a licensed practitioner or physician before following any exercise or nutritional guidelines received through the Application or par-ticipating in any event announced through the Application. FitKloud is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condi-tion. The Application is not a prescription system and is not intended to be a substitute for pro-fessional medical advice, diagnosis, or treatment. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury or death. Not all exercises are suitable for everyone.
You should never disregard medical advice or delay in seeking it because of something you see or read in the Application. We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Application. If you engage in any exercise program you receive through the Application, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge FitKloud from any and all claims or causes of action, known or unknown, arising out of FitKloud’s negligence. You agree to indemnify and hold harmless Fit-Kloud for any loss, liability, claim, damage, and expenses (including reasonable attorneys’ fees) arising from or in connection with your use of the information or services you receive through the Application.
The information and services available on or through the Application and in e-mail messages sent to users come from a variety of sources. We do not actively monitor the content of the Ap-plication features, newsletters, e-mail messages, or other material available through the Applica-tion. Therefore, while we strive to bring you only the most helpful and accurate information, we cannot verify, endorse or vouch for the information, services or recommendations available through the Application. FitKloud is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Application. FitKloud does not certify content or endorse any information supplied by other companies via the Application.
Your use of any Message Boards or Public Forums available via the Application is at your own risk. You are responsible for any information you disclose on these Message Boards or Public Forums and we cannot be held responsible or liable for the consequences of any use of these Message Boards or Public Forums.
We cannot be held responsible and cannot be held liable for data that is lost or damaged, not re-trievable, altered or misused. We also cannot be held responsible and cannot be held liable for information that is lost or damaged, not retrievable, altered or misused by third parties.
PLEASE NOTE: FitKloud reserves the right to refuse a subscription to the Application at our discretion.
Guidelinesfor Users regarding E-mail
One of the ways FitKloud allows users to interact with other users of the Application is through e-mail. If you use this service, you agree to follow the accepted use policies that govern Internet e-mail, and refrain from using the service to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defama-tory, invasive of another’s privacy, infringing of another’s intellectual property rights, or illegal.
You are solely responsible for everything contained in any e-mail you send. FitKloud, in its sole discretion, may revoke your membership if it believes that you have violated the guidelines stated above. Users can be held legally liable for the contents of e-mail messages and may be held legally accountable if messages include, for example, defamatory comments or material protected by copyright, trademark, patent, or trade secret law without the permission of the author or owner.
The internal mail system of the Application is designed so that when a message is sent to you, the sender does not see your name or e-mail address. The sender only sees your username. However, the sender of a message is always identified, and the sender’s return e-mail address is disclosed. (This policy promotes responsible use of the FitKloud e-mail system and directs our users to the right source if they feel they are receiving inappropriate messages.) You should be aware that when you send a message you are disclosing your identity and e-mail address, and any information you voluntarily disclose may be used by others to contact you directly.
The Application and the e-mail messages you receive through use of the Application contain co-pyrighted material. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. FitKloud owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content available on or through the Application, except as otherwise expressly permitted under copyright law or with the express permission of FitKloud and the copyright owner.
Goods and Services Advertised or Provided
In some cases, we offer merchandise from our sponsors and partners through the Application. The information you supply to affect any purchase or transaction will be passed on from the Ap-plication to the supplier or retailer filling the order. The information we will pass on to the sup-plier or retailer processing or fulfilling your order will be what is needed to process the order and may include (but is not limited to) your name, address, phone number, and credit card informa-tion. The privacy policies of these other affiliates, sponsors or partners may differ from those of FitKloud. You should familiarize yourself with the other affiliates, sponsors or partners policies regarding privacy before providing personal information.
FitKloud is not responsible for any representations, warranties, terms, conditions, payment, or delivery of any goods or services sold or advertised through its affiliates, sponsors or partners. Certain retail transactions may appear to be processed by FitKloud but are actually being processed and passed to e-commerce affiliates. The particular e-commerce affiliate, sponsor or partner will show up on the page where the products are pictured within the Application, and that affiliate, sponsor or partner will process the transaction. We are not processing or fulfilling the order.
We assume users of the Application will act responsibly and use the tools provided by FitKloud in a law-abiding manner. If FitKloud determines that any user is not using the Application res-ponsibly, we can censor, edit or block transmissions or use of the Application.
Limitation of Liability
FitKloud and our affiliates, sponsors and Providers are neither responsible nor liable for any di-rect, indirect, incidental, consequential, special, exemplary, and punitive or other damages arising out of or relating in any way to the Application, related services and/or content, or information contained within the Application. Your sole remedy for dissatisfaction with the Application and/or related services is to stop using the Application and/or those services.
You agree to defend, indemnify, and hold FitKloud, its officers, directors, employees, Providers agents, licensors, and suppliers, harmless from and against any claims, actions or demands, lia-bilities and settlements including without limitation, reasonable legal and accounting fees, result-ing from, or alleged to result from, your violation of the terms and conditions of this User Agreement.
FitKloud, in its sole discretion, may revoke the membership of those who violate its guidelines or this User Agreement. The laws of California shall govern this User Agreement. Any action brought in connection with the User Agreement shall be filed within one year of the date of the alleged injury within the jurisdiction of the courts of California.