Access to, and use of, the Platform is restricted to registered users only. Some content on the Platform may require different types of registrations and/or payment of additional fees. In order to register and use the Platform, you must provide truthful and accurate account information including, but not limited to, a username, email address, phone number, billing address, and credit card information. You are responsible for updating your account information to keep it accurate. Failure to maintain accurate account information could limit your access to the Platform.
- Free Trial
In the event that you have accessed the services through a free trial, you will have a period of time (specified at the time of registration) of free access to the services. At the end of such period, your account will automatically roll over to a paying subscription unless you cancel before the free trial period ends. By accessing the services using the free trial, you hereby understand and agree that at the end of the trial, the credit card or other payment method you have designated for use will be charged the monthly or quarterly subscription fee in effect at the time of purchase. You can manage your subscriptions, including turning off auto renewing subscriptions up to 24 hours before your next subscription payment is due, through your online account at itsdesifit.com. Any unused portion of a free trial will be forfeited when a subscription is purchased.
- Risks of Platform Use
This Platform contains content on personal fitness, wellbeing, and nutrition and is not a substitute for direct, personal, professional medical care and diagnosis.
We state: ITSDESIFIT LLC is not a licensed dietician or nutritional specialist. All information obtained through the Platform will be based on the trainer’s own experiences and studies. You (customer) have been advised that an examination by a physician should be obtained prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed or in your diet. If you (customer), have chosen not to obtain a physician’s consent prior to beginning this fitness and nutrition program at itsdesifit.com, you hereby agree that you are doing so solely at your own risk. Before submitting this application, please read the following:
None of the meal plans or exercise programs provided on the Platform should be performed or otherwise used without clearance from your physician or health care provider. The information given on the Platform is merely information – not advice, and should not replace medical, physical and/or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on the Platform should be misconstrued to mean otherwise. If you need medical or mental health advice, you should consult an appropriate medical or mental health professional.
By accepting these Terms, you affirm that you have read and fully understand them, and that you have been given the opportunity to present questions on all related matters. Furthermore, you confirm that all information contained in your application is complete, true and correct, to the best of your knowledge.
- Children’s Use
- The Platform and Permitted Uses
The Platform provides a variety of videos, written descriptions, charts, and other information on fitness programs and diets (collectively, the “Platform Content”).
The Platform can only be used for your own personal purposes. To ensure that the Platform and the Platform Content are available for all users to enjoy, you represent, warrant, and covenant that you will not knowingly and willfully permit or enable a third party to do any of the following: (1) violate these Terms; (2) make commercial use of the Platform that is designed to monetize the login process, the collection and use of any personal information provided by other users, or access to the Platform Content; (3) use the Platform for any purpose that is unlawful, infringing, harmful, threatening, tortious, defamatory, libelous, abusive, obscene, invasive of another’s privacy, hateful, fraudulent, or malicious; (4) harass or advocate harassment of another person; (5) transmit “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; (6) send any virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism; (7) promote information that you know is false, misleading, or promotes illegal activities or conduct; (8) interfere with or disrupt the Platform or any server or network involved with the operation of the Platform; (9) collect or harvest from the Platform the names of other users for the purpose of transmitting to those other users unsolicited commercial messages; (10) access or attempt to access any portion of the Platform or the Platform Content by any means other than through the Website or use automated tools to operate the Platform (i.e. scripts, robots, etc.); (11) resell, rent, loan, or sublicense the Platform or Platform Content; or (12) otherwise violate any local, national or other applicable law or regulation.
If you become aware of any unauthorized use of the Platform, Platform App, or Platform Content, immediately notify us at EMAIL. In the event that the unauthorized use occurred through your account by a third-party, you agree to take all steps necessary to terminate such unauthorized use and cooperate with us as may be reasonably requested to stop the unauthorized use.
ANY USE OF THE PLATFORM THAT IS NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED AND MAY RESULT, IN OUR SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT WITHOUT ISSUANCE OF A REFUND.
- Subscription Fees, Payment Terms, and Refund Policy
The fees charged for access to the Platform are referred to as “Subscription Fees”. To access the Platform Content, you will be subject to monthly or quarterly Subscription Fees in accordance with a fee schedule made available on the Platform. Subscription periods are for monthly or quarterly terms and you will be required to submit payment in advance to access the Platform. Once the initial subscription period has expired, your contract will be renewed automatically for the same term at the rates then in effect. Payment of Subscription Fees will be collected automatically based on your subscription. If payment is not successful for any reason, your access to the Platform will be suspended until we will receive your payment. All fees are payable in U.S. dollars and payment must be made by credit card. Any payments made by credit card are subject to the approval of the financial institution that issued the credit card. If we are unable to collect the automatic payment via your credit card, we will attempt to notify you via email. Since the Platform is delivered in full at the beginning of the subscription period, amounts paid for the Platform under these Terms are not refundable.
We will publish a fee schedule on the Platform for your review. These fees are subject to change from time to time at our sole discretion and we will use good faith efforts to notify you prior to modifying the fee schedule.
In order to maintain your access to the Platform, you hereby agree that we may continue to process your payments on the credit card you provided for your latest payment. If, before the end of the initial term of service, you do not wish to continue renewing your contract, you must notify us in writing at least 30 days in advance.
- Your Privacy
- Your Submissions
You hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) on the Platform, the Platform App, or any website or social media account associated with ITSDESIFIT LLC (each, a “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that we will not be bound to treat any Submission as confidential and may use any Submission in our business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future operations or businesses.
In regards to all Submissions, you represent and warrant to us that (i) you have full power and authority to enter into these Terms; (ii) your Submissions are original to you or you have obtained all permissions, releases, rights or licenses required to grant the rights and assignment granted herein without obtaining any further releases or consents; and (iii) to the best of your knowledge, your Submissions do not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, and do not contain any matter that is defamatory.
We and our licensees may display advertisements and other information adjacent to or included with Submissions on the Platform, and any other media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
- The Platform and Intellectual Property
The Platform and Platform Content, including all materials, images, text, illustrations, designs, icons, photographs, video clips, audio signals, structure, layout, software, “look and feel,” and other elements contained on or otherwise making up the Platform or Platform Content (collectively, the “Content”), are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. We own all right, title and interest in and to the Content. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Content solely in accordance with these Terms. You are not granted any further license to any software or intellectual property rights by these Terms. Your access to and use of the Platform is limited to your own personal electronic devices for your own personal use and may not be shared with any other person, regardless of the medium through which you are accessing the Platform.
You are specifically prohibited from personally, and on behalf of others: (1) copying, adapting, displaying, distributing, publishing, disseminating, transmitting, storing, selling, or using the Platform or Content for any purposes or in any manner other than as intended and expressly authorized in writing by us; (2) removing or attempting to remove from the Platform, downloading, copying, recreating, disassembling, modifying, destroying, tampering with, deactivating, translating, reverse engineering, or decompiling any software or other Content on the Platform or (3) assigning, selling, sublicensing, leasing, or otherwise transferring your right to use the Platform, or Content; (4) using, displaying, or distributing any of the Content on your personal website, blog, social network or any other medium of publication, whether print or electronic, unless authorized in writing by us.
We may terminate your access to the Platform if you are in breach of any of our intellectual property rights.
- Platform Warranties and Disclaimers
We provide the Platform on an “as is” and “as available” basis. You use the Platform at your own risk. We expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, we make no representations or warranties (1) that the Platform will be permitted in your jurisdiction; (2) that the Platform will be uninterrupted or error-free; (3) concerning any content submitted by any member; (4) concerning any third party’s use of content that you submit; (5) that the Platform will meet your personal or professional needs; (6) that we will continue to support any particular feature of the Platform; (7) concerning sites and resources outside of the Platform, even if linked to from the Platform.
If a secondary party may have access to or view the Platform content on your computer or mobile device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms.
You have been informed, understand, and are aware of, that strength, flexibility and aerobic exercise, including the use of equipment in connection with the Services, are potentially hazardous activities. You also have been informed, understand and are aware of, that fitness activities involve a risk of injury and that you are voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. You hereby agree to expressly assume and accept any and all risks of injury in using the Services.
- Termination of these Terms
The Owner may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason including, but not limited to, if we reasonably believe: (i) you have violated these Terms or any other terms or policies provided by the Owner, (ii) you create risk or possible legal exposure for the Owner; (iii) your account should be removed due to unlawful conduct, or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you via the email address associated with your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services. The scope of the termination or suspension will be at the sole discretion of the Owner and may include a revocation of your rights to join, or continue to participate in, any social media groups or accounts associated with the Owner. You further acknowledge, agree, and understand that Owner’s decision to terminate any of the Services or your participation in any groups associated with the Services in connection with this “Termination of these Terms” section will not entitle you to any refund of any subscription fee or other membership fees that you may have paid to Owner for the Services.
You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, and agents, from and against all claims, damages, losses and costs that: (1) arise from your activities on, or associated with your use of, the Platform; (2) assert a violation by you of any term of this Agreement; or (3) assert that any content you submitted to the Platform violates any law or infringes any third party right, including any intellectual property or privacy right.
- Limitation of Liability
We will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Platform and/or any website with which they are linked, and/or any content, information, products or services accessible through the Platform, even if we have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of us to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for use of the Platform.
- Binding Arbitration
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Texas. Such arbitration will be conducted in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com. The arbitrator will be selected pursuant to the JAMS Rules and Procedures. The arbitrator will apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and will honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH WILL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
- Confidentiality of Communications From Us
You agree and understand that all communications (including emails, direct messages, or any other forms of communication, collectively “Communications”) we send to you, whether through the Platform, social media platforms, or any other communication medium, are confidential. For this reason, you agree not to display or otherwise distribute any Communications sent to you. You further agree to keep these Communications and their contents confidential.
- INACTIVE USERS
If a user is not subscribed to any plans offered by www.itsdesifit.com and has not been active for 90 days or more, the user will be removed from www.itsdesifit.com and therefore, if the user wishes to access the platform, the user must subscribe again.
- General Information
These Terms constitute the entire agreement and understanding between you and us and supersede any prior agreements between you and us. These Terms and the relationship between you and us will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions. You irrevocably agree to submit to the personal and exclusive jurisdiction of the courts in Fort Bend County, in the State of Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision will be deemed severed here from and will not affect the validity and enforceability of any remaining provisions. You may not assign, transfer, or sub-license any rights granted by these Terms without our prior express written consent. We may assign these Terms to any third party whom we choose without your consent. No waiver by us of any breach of default hereunder will be deemed a waiver of any preceding or subsequent breach or default.
Copyright © 2021 itsdesifit.com
Updated: January, 2021