TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (the “Terms”) are made by and between you and fitlinda, LLC (“fitlinda”) and govern your use of the fitlinda website found at www.fitlinda.com (the “Website”). The Website and related services are provided subject to your compliance with these Terms. Please read the following information carefully: Your continued use of the Website indicates your agreement to be bound by these Terms. By accessing, visiting, browsing, using, or attempting to interact with any part of the Website, including any services available through the Website, you agree that you have read, understand, and agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not access or use any part of this Website.
Not Medical Advice.
The Website’s content and information is provided for general informational purposes only and is not medical advice. Nothing in the Website should be interpreted as a recommendation for a specific treatment plan, meal plan, product, course of action, or medical or healthcare provider. Although fitlinda strives to provide accurate and current information, fitlinda makes no guarantees whatsoever as to the correctness or accuracy of the content on this Website. Fitlinda does not endorse any medical or professional service obtained through information provided on this Website or any links to this Website. Use of this Website does not replace medical consultations with a qualified health or medical professional to meet an individual’s health and medical needs. Please see a physician or health professional if you have concerns.
The Website is intended to support and assist you in reaching your own goals, but your success depends primarily on your own effort, commitment and follow-through. We cannot and do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Your results may vary, and will be based on many variables, including but not limited to, your physical body, body chemistry, daily demands, energy expenditure, state of life, individual capacity, life experience, unique health and generic profile, starting point, range of motion, expertise, and level of commitment.
Restrictions on Use.
The Website is for your personal and non-commercial use only. You may not use this Website for any other purpose, including any commercial purpose, without fitlinda’s express prior written consent. Any rights not expressly granted by these Terms are reserved by fitlinda. You may not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use and enjoyment of the Website. Further, you may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Website. As a condition of your use of the Website, you warrant to fitlinda that you will not use the Website for any purpose that is unlawful or prohibited by these Terms.
Links or Pointers to Other Sites.
This Website may contain links to other websites that are not operated or maintained by fitlinda, and such links are accessed at the user’s own risk. Fitlinda does not endorse or accept any responsibility for the content or performance of such websites or your transactions with them, and fitlinda makes no representations or warranties whatsoever about the content, completeness, safety, or accuracy of any other website you may access though this Website.
Fitlinda assumes no responsibility and disclaims all liability for how you use the information provided through this Website and any decision made or action taken in reliance upon the materials or content of the Website. You exercise your own judgment when using any information on the Website or any site or service linked to this Website. Your use of the Website is at your own risk, and you assume total responsibility and risk for your use of this Website, any website-related services, and linked websites.
THE CONTENT OF THIS WEBSITE IS PROVIDED “AS IS”, WITH ALL FAULTS, AND WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FITLINDA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT RELATED TO THE WEBSITE AND ITS CONTENT. FITLINDA MAKES NO WARRANTIES THAT USE OF THE CONTENT ON THIS WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. FURTHER, FITLINDA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU, AND NOT FITLINDA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE, ITS CONTENT, AND LINKS. FITLINDA DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY AND SAFETY OF DATA INPUT AND OUTPUT AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR ANY RECONSTRUCTION OF LOST DATA.
Limitation of Liability; Release.
Fitlinda, its affiliates, licensors, service providers, content providers, members, owners, employees, agents, officers, directors, and managers shall not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, arising out of or relating in any way to the Website, any Website-related services, content or information contained within the Website, and/or any hyperlinked websites, even if fitlinda has been advised of the possibility of such damages. You hereby release and forever waive any and all claims you may have against fitlinda, its affiliates, licensors, service providers, content providers, members, owners, employees, agents, officers, directors, and managers (including but not limited to claims based upon the negligence of fitlinda, its affiliates, licensors, service providers, content providers, members, owners, employees, agents, officers, directors, and managers) for losses or damages you sustain in connection with your use of this Website and any links from such Website. Neither fitlinda, nor any of its affiliates, directors, members, owners, officers, managers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Website, or resulting from the act or omission of any other party involved in making the Website or the data contained therein available to you, or from any other cause relating to your access to or your inability to access the Website, whether or not the circumstances giving rise to such cause may have been within the control of fitlinda or of any vendor providing software or services support.
You agree to indemnify and hold fitlinda, its affiliates, licensors, content providers, service providers, members, owners, employees, agents, officers, directors, managers, and contractors (the “Indemnified Parties”) harmless from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, arising as a result of (a) any breach of these Terms by you, including any use of the Website’s content other than as expressly authorized in these Terms; and (b) any activity related to any account you create, including any negligent or wrongful conduct by you or any other person accessing your account. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any information accessed from this Website.
Third Party Rights.
Certain provisions of these Terms are for the benefit of fitlinda’s officers, directors, employees, managers, members, owners, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/his/her own behalf.
All pages and content within this Website (the “Content”) are the property of fitlinda, LLC, Copyright © 2015. All rights reserved. The Content is the proprietary information of fitlinda or the party that provided or licensed the Content to fitlinda, whereby such providing party retains all right, title, and interest in the Content. The Content may not be copied, distributed, republished, uploaded, posted, modified, displayed, licensed, used to create derivative works, transmitted, or sold in any way, in whole or in part, without the prior written consent of an authorized representative of fitlinda, except that you may print a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Trademarks, service marks, and logos appearing in this Website are the property of fitlinda or the party that provided the trademarks, services marks, and logos to fitlinda, and fitlinda and any party that provided trademarks, service marks, and logos to fitlinda retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Website.
Links to Our Site.Third-party links to the Website do not necessarily reflect any official association or relationship with such third party.
Termination of Access.
Fitlinda reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
Choice of Law and Venue.
These Terms are entered into in the Commonwealth of Pennsylvania and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, exclusive of conflict of law principles. Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in Philadelphia County in the Commonwealth of Pennsylvania, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. You specifically consent to personal jurisdiction in Pennsylvania in connection with any dispute between you and fitlinda arising out of these Terms or pertaining to the subject matter hereof. In any action to enforce these Terms, the prevailing party will be entitled to reasonable costs and attorney fees.
These Terms constitute the entire agreement between fitlinda and you pertaining to the subject matter of these Terms and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and fitlinda with respect to the Website. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.
Fitlinda reserves the right, from time to time, with or without notice to you, to make changes to these Terms in
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fitlinda’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. Fitlinda may assign its rights and duties under these Terms to any party at any time without notice to you.
If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into these Terms and to use the Website in accordance with these Terms.
Effective Date: October 2017