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Terms

These terms of use are entered into by and between You and Living.Fit, LLC, a Texas limited liability company ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.living.fit, including any content, videos, functionality, information, and services offered on or made available at www.living.fit (collectively, the "Website"), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Website.  By using the Website or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.living.fit/pages/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

The Website is offered and available to users who are 18 years of age or older, reside in the United States or any of its territories or possessions, and are healthy individuals with no personal history or family history of any health condition. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER

THE INFORMATION PROVIDED OR MADE AVAILABLE THROUGH THE WEBSITE OR SENT TO YOU BY ANY EMPLOYEE OR CONTRACTOR OF THE COMPANY (INCLUDING ANY TRAINER OR COACH) IS INTENDED TO ASSIST YOU IN YOUR FITNESS AND/OR NUTRTITIONAL EFFORTS.  ALL INFORMATION AND MATERIALS IS FURNISHED FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BEFORE YOU BEGIN ANY FITNESS OR NUTRITION PROGRAM, YOU SHOULD CONSULT YOUR PHYSICIAN TO DETERMINE IF THE FITNESS OR NUTRITION PROGRAM IS RIGHT FOR YOUR NEEDS. DO NOT START A FITNESS OR NUTRITION PROGRAM IF YOUR PHYSICIAN ADVISES AGAINST IT. NEVER DISREGARD ANY ADVICE FROM A HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING THAT YOU HAVE READ ON THE WEBSITE OR OBTAINED FROM AN EMPLOYEE OR CONTRACTOR OF THE COMPANY (INCLUDING ANY TRAINER OR COACH). THE WEBSITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS AND NOT FOR ANY INDIVIDUAL WITH A HEALTH CONDITION OR A FAMILY HISTORY OF A HEALTH CONDITION.

PLEASE NOTE THAT THE NEITHER THE COMPANY NOR ANY OF ITS EMPLOYEES OR CONTRACTORS (INCLUDING TRAINERS OR COACHES) CAN PROVIDE YOU WITH MEDICAL ADVICE, AND NO INFORMATION OR MATERIALS THAT YOU MAY OBTAIN THROUGH THIS SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY THE COMPANY OR ITS EMPLOYEES OR CONTRACTORS SHOULD BE CONSTRUED AS SUCH.   

WITHOUT LIMITING THE PROVISIONS SET FORTH BELOW, UNDER THE SECTION HEADING “WARRANTY DISCLAIMER,” THE COMPANY DISCLAIMS (A) ANY IMPLIED WARRANTY OR GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION OR MATERIALS PROVIDED THROUGH THE WEBSITE OR SENT TO YOU BY AN EMPLOYEE OR CONTRACTOR (INCLUDING ANY TRAINER OR COACH), AND (B) ANY LIABILITY OR RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED UPON SUCH INFORMATION OR MATERIALS BY YOU OR ANY OTHER VISITOR OF THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.  

Changes to these Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out below (see Governing Law and Jurisdiction) will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. 

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy (found at https://www.living.fit/pages/privacy-policy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print blogposts and course materials contained on the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Website.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

If you wish to make any use of material on the Website other than that set out in this section, please address your request to info@living.fit.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms "Kettlebell Kings" and "Living.Fit", the Company’s logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate, or otherwise misrepresent your affiliation with, the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.. 

You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

  • All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. 

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards set out below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 

  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy (found at https://www.living.fit/pages/privacy-policy).

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 

  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

 

Attn: IP Infringement ManagementLiving.Fit, LLC

Email: info@living.fit

 

It is the policy of the Company to terminate the user accounts of repeat infringers. 

 

Third-Party Information

Please be advised that the Website may include content provided by third parties, including, but not limited to, materials and information provided by other users, bloggers, licensors, and contractors of the Company (including trainers and coaches). All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or information provided by any third parties or any damages (whether actual, incidental, consequential, or otherwise) you may suffer as a result of such materials or information.

Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy (found at https://www.living.fit/pages/privacy-policy).  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods, services, products, or information available through the Website, or resulting from visits made by you, are governed by our Terms of Sale available at be www.living.fit/terms-of-sale ("Terms of Sale"), which are hereby incorporated into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. 

The Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website.

  • Send emails or other communications with certain content, or links to certain content, on the Website.

  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

  • Link to any part of the Website other than the homepage.

  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes any links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Texas in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES, MATERIALS, OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

THE WEBSITE AND ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, SERVICES, OR GOODS OBTAINED, ACCESSED, OR MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY, INCLUDING ANY OF OUR LICENSORS, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY INFORMATION, MATERIALS, CONTENT, OR SERVICES PROVIDED OR MADE AVIALABLE THROUGH THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES OBTAINED, ACCESSED, OR MADE AVAILABLE THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE AND ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, SERVICES, OR GOODS OBTAINED, ACCESSED, OR MADE AVAILABLE THROUGH THE WEBSITE OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  BY YOUR AGREEMENT TO THESE TERMS OF USE, YOU ARE DISCLAIMING ANY RELIANCE ON SUCH ANY SUCH WARRANTIES.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY, ON BEHALF OF ITSELF AND ALL PERSONS ASSOCIATED WITH THE COMPANY, INCLUDING OUR LICENSORS, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  BY YOUR AGREEMENT TO THESE TERMS OF USE, YOU ARE DISCLAIMING ANY RELIANCE ON SUCH ANY SUCH WARRANTIES.

Release, Waiver of Liability, and Assumption of Risk.

By agreeing to these Terms of Use, you acknowledge that the information and services provided through the Website involve engaging in physical training and exercise programs ("Physical Activities") that may expose me to inherent risks, including accidents, personal injury, permanent disability, illness, property damage, or even death.  You further acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including the Company and its employees, contractors, and representatives. NOTWITHSTANDING THE RISKS ASSOCIATED WITH ENGAGING IN THE PHYSICAL ACTIVITIES DESCRIBED ON, INSTRUCTED, TAUGHT, OR PROMOTED ON THE WEBSITE, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY USING THE WEBSITE AND ENGAGING IN SUCH PHYSICAL ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ACCIDENT, PERSONAL INJURY, ILLNESS, DISABILITY, PROPERTY DAMAGE, AND DEATH THAT MAY OCCUR AS A RESULT OF ENGAGING IN THE PHYSICAL ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHER COMPANY PARTIES (defined below) OR ANY OTHER PERSON.

You expressly waive and release any and all claims, now known or hereafter known, against the Company and its subsidiaries and affiliates, and its and their respective licensors, employees, contractors, agents, officers, successors, and assigns (collectively, "Company Parties"), on account of your use of the Website or any content, materials or information provided or made available through the Website, or your engaging in the Physical Activities, IN EACH CASE WHETHER ARISING OUT OF THE NEGLIGENCE OF THE COMPANY OR ANY OTHER COMPANY PARTIES OR ANY OTHER PERSON, and regardless of whether such claims are based in tort, contract, strict liability, or otherwise.  You covenant not to make or bring any such claim against the Company or any other Company Party, and forever release and discharge the Company and all other Company Parties from liability under such claims

Limitation of Damages

IN NO EVENT SHALL THE COMPANY OR ANY OTHER COMPANY PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PERFORMANCE OF ANY OBLIGATIONS UNDER THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS, SERVICES, OR OTHER ITEMS ACCESSED, OBTAINED, OR MADE AVAILABLE THROUGH THE WEBSITE (INCLUDING FOR ANY NEGLIGENT ACT OR OMISSIONS), REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ALL OTHER COMPANY PARTIES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN CONNECTION WITH THE PERFORMANCE OF ANY OBLIGATIONS UNDER THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS, SERVICES, OR OTHER ITEMS OBTAINED THROUGH THE WEBSITE, EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF SUBCSCIPTION FEES AND OTHER PAYMENTS MADE BY YOU TO THE COMPANY IN CONNECTION WITH YOUR USE OF THE WEBSITE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE FIRST INCIDENT OR SERIES OF CONNECTED INCIDENTS GIVING RISE TO A CLAIM MADE BY YOU AGAINST THE COMPANY OR ANY OTHER COMPANY PARTY, AND (B) USD $500.00.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and all other Company Parties from and against any and all claims, liabilities, damages, judgments, awards, penalties, losses, costs, or expenses of whatever kind, including reasonable attorneys' fees and the costs of enforcing any right to indemnification under these Terms of Use, incurred by the Company or any other Company Parties arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, or your use of any content, information, materials, goods, products, or services obtained from the Website, IN EACH CASE WHETHER ARISING OUT OF THE NEGLIGENCE OF THE COMPANY OR ANY OTHER COMPANY PARTIES OR ANY OTHER PERSON.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any arbitration arising out of, or related to, these Terms of Use, the Website, or any content, materials, information, products, services, or goods obtained, accessed, or made available through the Website shall be instituted and, all arbitration proceedings shall be held, in accordance with the provisions below (see Arbitration), exclusively in the State of Texas.  To the extent any action or proceeding involves a claim, dispute, or issue arising out of, or related to, these Terms of Use, the Website, or any content, materials, information, products, services, or goods obtained, accessed, or made available through the Website, that is not arbitrable pursuant to applicable law, such action or proceeding shall be brought exclusively in the courts of the State of Texas or the federal courts of the United States located in the State of Texas.  Notwithstanding the foregoing, we we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY THESE TERMS OF USE, THE WEBSITE, OR ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, SERVICES, OR GOODS OBTAINED, ACCESSED, OR MADE AVAILABLE THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms of Use (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE, OR ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS, SERVICES, OR GOODS OBTAINED, ACCESSESED, OR MADE AVAILABLE THROUGH THE WEBSITE, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect. 

Entire Agreement

These Terms of Use, the Privacy Policy, and the Terms of Sale constitute the sole and entire agreement between you and Company with respect to the Website and your purchase, use, or inability to use any content, materials, information, products, services, or goods obtained, accessed, or made available through the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

Your Comments and Concerns

The Website is operated by Living.Fit, LLC.

All notices of copyright infringement claims should be sent to the copyright agent designated above, (see Copyright Infringement) in the manner and by the means set out under the section heading Copyright Infringement).

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@living.fit

By consenting to Living.Fit, LLC SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP to the number you received the messages from. You can also contact us at [LINK to your contacts page or form, or email address] for more information. We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information. ❗❗❗ Please replace the Living.Fit, LLC , info@living.fit and https://www.living.fit/docs/privacy-policy with the respective information before applying the changes.