This Agreement describes the terms and conditions applicable to your use of FITWARRIOR.me. By using your Account to access the Site, you agree to be bound by the terms in this Agreement.
The term "Content" applies to any data, material, information or comments of any type on the Site, as well as data, material, information or comments provided by third parties. Content on the Site is subject to the following disclaimer: "These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent disease."
FIT WARRIOR Products, LLC will provide you with access to the Site for the purpose of learning about FIT WARRIOR Products LLC and its products. By providing this access, FIT WARRIOR Products LLC is acting as an online information provider only. No identifying information about any person under the age of 18 should be included in any submission or e-mail to the Site.
This is a Contract
By acknowledging your acceptance of these Terms and Conditions, a contract will exist between you and FIT WARRIOR Products LLC, which agrees it will honor its obligations contained here and in its Privacy Statement. In turn, you acknowledge that you are bound by the Terms and Conditions of this Agreement and that you will honor your promises to FIT WARRIOR Products LLC under this Agreement. FIT WARRIOR Products LLC reserves the right to modify and amend these Terms and Conditions and to post the amended Terms and Conditions on the Site. By using the Site, you agree to abide by the applicable Terms and Conditions as amended from time to time.
Permitted Use/Proprietary Rights
All information and Content available on the Site, including all Content provided by the Content Providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws, unless otherwise specified. The Content includes images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds, music, the Site as a whole and any other materials at the Site. You may not, without FIT WARRIOR Products LLC’s or the appropriate Content Provider’s permission, download, copy, modify, display or prepare derivative works based upon the Content on the Site. All rights not expressly granted herein are reserved.
Any reproduction, except for your personal non-commercial use, or republication, distribution assignment, sublicense, sale or creation of derivative works of all or any portion of the Content viewed or accessed from the Site without the express written permission of FIT WARRIOR Products LLC or the Content Provider is expressly prohibited. You may neither copy, post nor upload any of FIT WARRIOR Products LLC’s Content to an Internet website, any public or private bulletin board system, or any other electronic network or Internet service, nor may you post any links between Site and/or any Content thereon to any other website or location.
You understand and agree that the information and Content available on the Site may contain valuable proprietary rights and that any unauthorized, unlicensed or prohibited disclosure, distribution, copying or use of any kind of this information and Content (“Unauthorized Use”) could result in substantial and irreparable harm to FIT WARRIOR Products LLC and/or the respective Content Providers. Any Unauthorized Use by you shall be deemed an infringement of the rights of FIT WARRIOR Products LLC or the respective Content Provider therein and shall constitute damage to the reputation and goodwill of FIT WARRIOR Products LLC or the respective Content Provider. You agree to bear full responsibility for the consequences of any Unauthorized Use by you or anyone acting on your behalf, including, without limitation, termination of your FIT WARRIOR Products LLC account, civil liability and criminal prosecution. Notwithstanding any other remedies, you agree that FIT WARRIOR Products LLC or the appropriate Content Provider shall be entitled as a matter of right and without notice to equitable relief by way of injunction or otherwise, in the event of any Unauthorized Use by you.
You acknowledge FIT WARRIOR Products LLC’s proprietary rights, including any and all copyrights and trademarks, in the FIT WARRIOR Products LLC name and the Site (the “FIT WARRIOR Products LLC Property”). The FIT WARRIOR Products LLC Property includes the structure, sequence, organization and look and feel of the Site, the database, listing and transaction systems, and/or the Content, where applicable, as well as the selection, arrangement and display of facts within Content, and in subjective or discretionary information (if any) needed by FIT WARRIOR Products LLC to any Content. You agree not to violate the applicable copyrights or trademarks, if any, protecting the FIT WARRIOR Products LLC Property. You will indemnify FIT WARRIOR Products LLC for any and all costs and expenses (including attorney’s fees) associated with any legal action brought by or against you with respect to the FIT WARRIOR Products LLC Property.
Unauthorized Access of the Site
Unauthorized access of the Site, including by entering or monitoring the Site on any level other than through the Registration/Home Page, is expressly prohibited.
Linking and Framing Prohibited
You will not establish a link between any other website and this Site (or any Content on the Site) or permit anyone else to establish such a link, either to the home page or to any other page herein. You will not frame any page or portion of this Site. The creation and/or the facilitation of the creation of links and/or frames to this Site and/or any Content is expressly prohibited and will be grounds for termination of your account.
Links to Third Party Websites
Disclaimer of Warranties
FIT WARRIOR Products LLC does not warrant or make any representations regarding the operation of the Site, the use, validity or the results of the use of materials or Content on this Site, the products or services obtained through this Site or any other websites linked to this Site, or any transactions entered into through this Site. You use any and all Content at your own risk. FIT WARRIOR Products LLC is not responsible for any errors or omissions or for the results obtained from the use of any information provided on this Site.
While it makes every effort to make sure its Site is always available to you, FIT WARRIOR Products LLC does not guarantee that the Site, software, materials or products will be uninterrupted, timely, secure or free of errors, or that any defects in the site, software, materials or products will be corrected.
Products displayed on the Site can be delivered only within the United States at the present time. Prices are valid and effective only in US dollars. We attempt to ensure the currency and accuracy of all product information. However, prices are subject to change without notice. We do not warrant the currency or accuracy of Site information regarding product price and availability. We have tried to accurately display the colors of our products on the Site. However, the colors you see will depend on your monitor. We cannot guarantee that your monitor’s display will be accurate.
While it takes reasonable steps to prevent such problems, FIT WARRIOR Products LLC cannot guarantee or warrant that the Content, files or information available on, or for downloading from this Site will be free from infection, viruses, worms, Trojan horses or other codes that manifest contaminating and/or destructive properties. You understand and agree that any Content, files or information downloaded or otherwise obtained through the use of this Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system for loss of data that results from the download of such Content, files or information. FIT WARRIOR Products LLC assumes no responsibility for the deletion of or failure to hold or store e-mail messages. THE SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FIT WARRIOR Products LLC MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS. FIT WARRIOR Products LLC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, QUALITY, ACCURACY OF INFORMATION, CONTENT, COURSE OF DEALING OR COURSE OF PERFORMANCE AND NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow the disclaimer of implied warranties so the foregoing disclaimer may not apply to you. Check your state law.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL FIT WARRIOR Products LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF FIT WARRIOR Products LLC HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO FIT WARRIOR Products LLC’S SERVICE, THE USE OR THE INABILITY TO USE THE SITE AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE. THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, INCOME, GOODWILL OR DATA, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF FIT WARRIOR Products LLC OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Release, Waiver and Covenant Not to Sue
To the fullest extent allowed by law, you hereby release and discharge FIT WARRIOR Products LLC, its affiliates, officers, directors, shareholders, employees, business partners, customers and any other authorized agent or representative of FIT WARRIOR Products LLC, from any and all liability associated with your use of this Site. This release shall apply to any and all claims, whether known or unknown, held by you.
With respect to the releases contained herein, the parties agree that this release fully and finally releases and forever resolves the actions and liabilities released herein, and each party hereby waive all benefits as well as under any other statutes or common law principles of similar effect.
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You hereby also agree and covenant not to sue and expressly waive any and all claims against FIT WARRIOR Products LLC for any claim that is released hereunder or for an amount in excess of the limitation of liability provided in this Agreement.
You agree to indemnify, defend and hold FIT WARRIOR Products LLC, its parents, subsidiaries, affiliates, officers, directors, employees and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonably attorneys’ fees) and other costs arising out of or relating to (i) your breach of these Terms and Conditions or the documents it incorporates by reference; (ii) your negligence or misconduct; or (iii) a claim that your use of any Content infringes the copyright, trademark, trade secret, patent or other proprietary right of a third party. FIT WARRIOR Products LLC may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by FIT WARRIOR Products LLC, however, shall not excuse any of your indemnity obligations.
FIT WARRIOR Products LLC may terminate this Agreement, at its sole discretion, with or without cause, at any time, without notice, and without penalty. The following provisions shall survive any termination of this Agreement: Permitted Use/Proprietary Rights; Unauthorized Access of Site; Linking and Framing Prohibited; Disclaimer of Warranties; Limitation of Liability; Release, Waiver and Covenant Not to Sue; Indemnity; and Governing Law and Jurisdiction.
FIT WARRIOR Products LLC may change the Terms and Conditions at any time without notice by posting the changes on the Site. All changes shall automatically be effective 30 days after they are initially posted on the Site.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed under the laws of the State of Idaho without reference to conflict of law principles. These Terms and Conditions are deemed entered into in Nampa, Idaho. All disputes arising out of or related to these Terms and Conditions, the services or Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Idaho and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
This is the entire agreement between the parties relating to the subject matter hereof and no waiver or modification of these Terms and Conditions shall be valid unless in writing and accepted by each party. The waiver of breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.
THE USE OF THE CONTENT AVAILABLE THROUGH THIS SITE IS SUBJECT TO THE FOREGOING TERMS AND CONDITIONS. BY SUBMITTING INFORMATION TO OR ACCESSING INFORMATION FROM THE SITE, YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS. NOTWITHSTANDING ANY LICENSE AGREEMENTS INTO WHICH YOU MAY SEPARATELY ENTER, THESE TERMS AND CONDITIONS ARE A LEGAL AGREEMENT BETWEEN YOU AND FIT WARRIOR Products LLC. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT SUBMIT INFORMATION TO OR ACCESS INFORMATION FROM THE SITE.
The Terms and Conditions (as changed from time to time as provided herein) shall apply to each time you visit the Site.