TERMS OF USE 

TERMS AND CONDITIONS OF USE

Last Updated and effective as of June 1, 2020

The topics in this section include:

 

  • General Information

  • Terms & Conditions

  • Professional Advice & Medical Disclaimer

  • Intellectual Property Rights

  • Your Usage & Responsibility

  • Children and Parent/Guardian Permission

  • Third Party Links & Policies

  • Registration, Passwords, Privacy & Security

  • Account Payments, Renewal, Termination & Refunds

  • Warranties Disclaimer

  • Limitation of Liability

  • Consent to Electronic Communications

  • Revisions to Terms & Conditions and Privacy Policy

  • Contact Information

 

 

GENERAL INFORMATION

This website is owned and operated by Mighty Fit LLC, a California Limited Liability Company. Mighty Fit LLC is an online platform offering health and fitness content, information, services, and products via the website MightyFit.tv and any other website, channel, application, mobile feature, and/or platform we operate (together, “Site”). By using the Site and other representations of this Site, you agree to be bound by these Terms and Conditions of Use and to use the Site in accordance with these Terms and Conditions of Use, our Privacy Policy, our Refund Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Mighty Fit LLC. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms & Conditions of Use.

In these Terms and Conditions of Use ("Terms & Conditions"), the use of the words “Company,” “we,” “our,” and “us” refer to Mighty Fit LLC. The words “user,” “you,” and “your” refer to entities or individuals that access and/or use the Site. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.

We reserve the right to change these Terms and Conditions of Use or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on this Site. By continuing to use the Site after we post any such changes, you accept the Terms and Conditions of Use, as modified.

TERMS & CONDITIONS

By using this Site, you agree to be legally bound and to abide by the Terms & Conditions of Use (“Terms & Conditions), just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Site (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Site, including, but not limited to, restricting or terminating any user’s right to use the Site. You agree that any termination or cancellation of your access to, or use of, the Site may be affected without prior notice. If you do not abide by the provisions of these Terms & Conditions, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Site. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to or use of our Site.

From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Site to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions. By using this Site after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use this Site.

IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.

 

PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER

This site offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided including workouts on this site are solely at your own risk.

You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. Not all exercise programs are suitable for everyone. You should always consult your physician or health care specialist before performing any of the exercises in this program, especially if you have any chronic or recurring physical conditions, and/or if you are pregnant, nursing, or elderly. The instruction presented herein is in no way intended as a substitute for medical advice or counseling.

 

INTELLECTUAL PROPERTY RIGHTS

Our Property. This Site and all the materials available on the Site are the property of the Company and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms & Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.

The trademarks and logos appearing on the Site are, unless otherwise noted, are trademarks owned by or licensed to us. Your use of these trademarks is prohibited.

UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING, OR DUPLICATING OR ANY OTHER MISUSE OF THE SITE OR SITE MATERIALS BY YOU IS PROHIBITED.

Your Property. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge that Company has the right but not the obligation to use and display any postings or contributions of any kind and that Company may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

The Site may now or in the future allow users to select, input, upload, and share information and data in connection with the Site and allow you or other users to post, link, store, or otherwise make available a wide variety of information, text, and/or other materials in connection with the use of the Site or otherwise (collectively, “User Content”). You are solely responsible for your use of any User Content and use such User Content at your own risk. By posting any User Content, you represent and warrant that you own and control all of the rights to the User Content that you post, or that you otherwise have the lawful right to distribute and reproduce such User Content and to grant Company the license for the User Content described below and that your use and posting of such User Content does not violate these Terms or any Subscription Agreement you have with us, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for any third party.

 

By selecting and/or posting any User Content, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Site any of the following:

  • user content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent, or otherwise objectionable (as determined in our sole discretion);

  • user content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or violate any local, state, national, or international law;

  • user content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

  • user content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that inappropriately provides private information of any third party including addresses, phone numbers, email addresses, Social Security numbers, health or location information, or similar information;

  • user content that, in our sole discretion, is objectionable or which restricts or inhibits any other person from using and/or benefiting from our Site, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content;

  • user content that is spam, is machine- or randomly-generated, contains unethical or unwanted commercial content, furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);

  • user content that in any way refers to or depicts persons under eighteen (18) years of age; or

  • user content that attempts to disrupt the Site or the Site’s Services.

 

We take no responsibility and assume no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.

 

As a provider of services that may in certain ways be interactive, we are not liable for any statements, representations, User Content, or Advertiser and Corporate Partner Content (as defined below) provided by users in any form whatsoever in connection with the Site. Although we have no obligation to screen, edit, or monitor any of the User Content or Advertiser and Corporate Partner Content posted anywhere in connection with the Site, we reserve the right, and have absolute discretion, to remove, screen, or edit any User Content and Advertiser and Corporate Partner Content connected to the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.

 

We do not own the User Content you post on or otherwise select or submit to the Site, but in posting and/or otherwise submitting User Content to the Site, you grant us an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content and any information, data, or other material generated through the use of the services on or in any and all media (now known or hereafter developed) to perform and provide the services or for our own business purposes in accordance with our Privacy Policy. You also hereby grant each user of the Site a non-exclusive license to access your User Content and any information, data, or other material generated through the access to or use of the Site, and to access, use, reproduce, distribute, prepare derivative works of, display, and perform such User Content and information, data, or other material generated through the access to or use of the Site and under these Terms.

 

We may monitor use of the Site by all of our customers or visitors and use the data gathered in an aggregate and anonymous manner. You agree that we may use and publish such information, provided that such information does not incorporate any of your personal information and/or identify you.

 

YOUR USAGE AND RESPONSIBILITY

You may use the Site solely for lawful purposes, as intended through the provided functionality of the Site. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):

  • use, copy, install, transfer or distribute the Site, except as specifically permitted by these Terms & Conditions;

  • modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or its Content (as defined below);

  • remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Site or in or on any content or other material obtained through the Site or the use of the Site;

  • create user accounts by automated means or under false or fraudulent pretenses;

  • use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site;

  • probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;

  • reformat, mirror, or frame any portion of the web pages that are part of the Site;

  • express or imply that any statements you make are endorsed by us, without our prior written consent in each instance;

  • transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights, (ii) any material, non-public information about individuals or companies without the authorization to do so, (iii) any trade secret of any third party, and/or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;

  • transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;

  • harvest or collect information about other users without their prior written consent;

  • undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Site, including Content, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms & Conditions, the Sites’s authorized features, or by law, or otherwise attempt to use or access any portion of the Site other than as intended by Company;

  • access, tamper with, or use non-public areas of the Site, Company (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Company’s providers;

  • harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Company employees and other users;

  • create a new account with Company, without Company’s express written consent, if Company’s previously disabled an account of yours;

  • solicit, or attempt to solicit, personal information from other users, except as permitted through the Site’s functionality;

  • restrict, discourage or inhibit any person from using the Site, disclose personal information about a third person on the Site or obtained from the Site without the consent of such person, or collect information about users;

  • gain unauthorized access to the Site, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Site;

  • violate any applicable federal, state or local laws, regulations or these Terms & Conditions;

  • use the Site for any illegal, inappropriate and/or unauthorized conduct, including without limitation, using the Site to contact other Company Users for sexual or other inappropriate purposes, or using the Site in violation of Company’s or any third party’s intellectual property or other proprietary or legal rights; or

  • use or access the Site to build a competing service. We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.

 

REGISTRATION, PASSWORDS, PAYMENTS AND PRIVACY

In order to become a Company member or subscriber, you must complete the registration process by providing Company with current, complete and accurate information, as prompted by the applicable registration form. We may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You acknowledge that in the event you provide any information to Company which is untrue, inaccurate, not current or incomplete, Company may terminate these Terms and your continued access and use of the Site. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

You represent and warrant that you are at least 18 years of age, that you have not been previously suspended or removed from the Site, and that you possess the legal right and ability to enter into these Terms. THE SITE IS NOT FOR PERSONS UNDER THE AGE OF 18 OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY COMPANY. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER UNLESS YOU HAVE PARENT/GUARDIAN PERMISSION.

If you are using the Site on behalf of an individual, company, entity, or organization, you represent and warrant that (i) you are an authorized representative of such individual, company, entity or organization with the authority to bind such organization to these Terms & Conditions, (ii) agree to be bound by these Terms on behalf of such organization, and (iii) your organization meets the eligibility requirements for the Site, as set forth in these Terms & Conditions. Further, you will be solely responsible for ensuring your organization complies with these Terms & Conditions.

As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at support@MightyFit.tv. You are responsible for all use of the Site occurring under your username. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Company or another party due to someone else using your account or password.

 

ACCOUNT PAYMENTS, RENEWAL, TERMINATION AND REFUNDS

If you are purchasing a service on the Site, Company will charge the payment method you specify at the time of purchase. You authorize Company to charge all sums as described in these Terms & Conditions, for the service you select, to that payment method and you agree to keep your payment information valid and up to date. If you pay any fees with a credit card, Company may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Company uses a third party payment processor, Wix Payments (“Wix”), to process all fees and payments made via the Site. Wix handles any information you provide to them in accordance with their privacy policy which can be found at https://www.wix.com/about/privacy. By providing your payment information to sign up for the Site and its service(s), you consent to Company providing relevant information to Wix in order to provide the Site’s services to you and acknowledge that you have read and agree to the terms of Wix’s privacy policy.

 

All paid accounts on Site automatically renew at the end of their terms. The subscription renewal date will always be the day immediately following the end date of your current subscription period. The card used for the subscription purchase will be charged at the end of the term outlined in your receipt, unless it is updated prior to the renewal date. If you wish to cancel your account, you can do so at any time. Once your account has been canceled, you will retain access to all paid features throughout the remainder of the term you purchased. If we are unable to process your renewal, your account may temporarily be suspended from access to paid features; your account will not be deleted, and no information will be lost or removed. Your account will remain suspended until a valid payment method is used. If you have any questions or concerns regarding your account, please contact us at support@MightyFit.tv.

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms & Conditions, shall survive.

You may cancel or terminate your purchase of a product or service at any time. The termination will go into effect on the first day of the next payment period. You will not receive a refund for partial days, weeks or months leading up to the next payment period. In addition, your purchase of a product or service may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy. Digital products which have been activated or downloaded are not subject to a refund.

 

CHILDREN AND PARENT/GUARDIAN PERMISSION

Company’s Site does not target children, and is not intended to be used by children without involvement and approval of a parent or guardian. Some of the content on this Site may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. If you are a child under 13, do not provide any personal information about yourself on this Site. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before viewing this Site and the workouts provided thereon. 

 

If we learn we have collected personal information from a child or student under 13 without parental/guardian consent being obtained or if we learn a child under 13 has provided us personal information beyond what we request from them for the Site, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information in violation of this paragraph, please contact us at 

support@mightyfit.com .

Parents/Guardians, if you give your child under the age of 18 permission to use the Site, you agree to these Terms & Conditions.

 

THIRD PARTY LINKS & POLICIES

The Site may contain information on products and services provided by third parties, and links (including advertisements) to third party web sites. These links and the contents on these other websites are provided solely as a convenience to you. Company does not review or control this information or these products, services, or other web sites. Furthermore, Company does not make any representations or warranties, express or implied, regarding this information or these products, services, or web sites. Inclusion of any of the foregoing in the Site does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with us with respect to any third party or its web site or content, or any information, products, or services provided by that third party. We are not responsible for the content of any linked websites and make no representations regarding the content or accuracy of materials on such websites. If you decide to visit any third party websites using links from this Site, you do so at your own risk. Company is under no obligation to maintain any link on the Site and may remove a link at any time in its sole discretion for any reason whatsoever.

WARRANTY DISCLAIMER

THE SITE, THE SITE MATERIALS, AND ALL USER CONTENT, OTHER SUBMISSIONS, AND OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITE AND THE SITE MATERIALS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. COMPANY AND OUR LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMPANY AND OUR LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE SITE, THE SITE MATERIALS, AND THE USER CONTENT. COMPANY AND OUR LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH THE SITE OR RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR ANY USER CONTENT, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR ANY USER CONTENT.

 

YOU AGREE THAT YOUR ACCESS TO OR USE OF THE SITE, THE SITE MATERIALS, AND ALL USER CONTENT SHALL BE AT YOUR SOLE RISK.

 

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE ACCESS TO OR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, AT YOUR OWN DISCRETION AND RISK. COMPANY DOES NOT WARRANT THAT THE SITE, THE SITE MATERIALS, OR ANY USER CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST OR THAT THE SITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE ACCESS TO OR USE OR THE RESULTS OF THE ACCESS TO OR USE OF THE SITE, THE SITE MATERIALS, OR ANY USER CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST COMPANY, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO THE SITE, GOODS OR SERVICES PROVIDED BY US, THE SITE MATERIALS, AND THE USER CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH MEMBER IS SOLELY RESPONSIBLE FOR (I) HIS OR HER USE OF THE SITE, AND (II) ANY DAMAGES INCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE SITE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

EXCEPT FOR LIABILITY ARISING OUT OF COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS OR ANY APPLICABLE SUBSCRIPTION AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO COMPANY UNDER THE APPLICABLE SUBSCRIPTION AGREEMENT DURING THE SIX (6) MONTHS PRECEDING THE CLAIM (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION).

 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES; COSTS OR DAMAGES OF ANY KIND INCURRED OR SUFFERED BY YOU AS A RESULT OF SERVICES PROVIDED BY ANY OF OTHER PROVIDER PURSUANT TO THE SITE.

YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SITE AND THE POSSIBLE RISKS INVOLVED IN USING THE SITE. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.

 

COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT, INCLUDING NEGLIGENCE, SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY:

* PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, THE SITE MATERIALS, OR ANY USER CONTENT;

  • UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

  • INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;

  • BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY; AND/OR

  • ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE BY COMPANY OR OUR USERS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY EXCEED $100.00. THIS ALLOCATION OF RISK UNDER THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS SET FORTH IN THESE TERMS. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

Except for actions for nonpayment or breach of proprietary rights, no action, regardless of form, arising out of or relating to these Terms & Conditions may be brought by either you or Company more than one (1) year after the cause of action has accrued.

 

This Site is continually under development and Company makes no warranty that this Site will operate error-free or that the site and its server are free of computer viruses or other harmful material. If your use of this site or the site material result in any costs or expenses, including, without limitation, the need for servicing or replacing equipment or mobile messaging, data, or other fees, we shall not be responsible for those costs or expenses. This website and its material are provided on an “as is” and “at your own risk” basis without any warranties of any kind. We, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for particular purpose. Although we strive to provide thorough and accurate materials on the site, we make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links. We do not make any warranties as to the result or outcome of using the site or properly following any instructions, recommendations or directions contained in the Site material. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. You may also have other legal rights, which vary from state to state.

 

CONSENT TO ELECTRONIC COMMUNICATIONS

By using the Site or providing Personal Information (as defined in the Privacy Policy) to Company, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site, as well as marketing/educational information. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you, if we have your email address. You may have a legal right to receive this notice in writing. You may request to receive written notices by emailing us at support@MightyFit.tv or by mail at PO Box 804, San Marcos, CA 92079.

 

If you wish to remove yourself from any list above, please email us with an “OPT-OUT”, “UNSUBSCRIBE”, “STOP” or “REMOVE” in the subject line.

 

Depending on your current carrier plan, you may incur charges for these Messages and Notifications and agree to not hold Company liable for any charges incurred. You acknowledge that any terms between you and any third-party provider (such as, for example, Apple®, Android™, or Verizon) create no obligation or responsibility on the part of Company, and that Company is not responsible for any failure of warranty by any such third party. We have no liability for transmission delays or message failures.

 

ADDITIONAL TERMS

  • Copyright Concerns. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Company infringe your copyright, you, or your agent may send to Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Company a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Company’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: support@MightyFit.tvThis Agreement shall be binding upon and inure to the benefit of Company and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Company Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Company to any affiliated entity or any of its wholly owned subsidiaries.

 

  • Compliance with Laws. We will strive to comply with all U.S. state and federal laws in our provision of the Site’s services. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request. You will comply with all laws in your use of the Site, including any applicable export laws.

  • Disputes: In the interest of resolving disputes between you and Company in the most expedient and cost effective manner, you and Company agree that any dispute arising out of or in any way related to these Terms & Conditions or your use of the Site will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms & Conditions, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and any dispute shall be subject to binding arbitration in San Marcos, California. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

  • Waiver. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

 

  • Indemnification. You agree, at your sole expense, to defend, indemnify, and hold us, our independent contractors, service providers, and consultants, and their respective directors, employees, and agents, harmless from and against any and all actual or threatened suits, actions, legal proceedings, judgments, and any other legal claims, damage awards, or other compulsory payment or performance of any kind arising out of, resulting from, attributable to or in any way incidental to: (i) your access to or use of the Site and/or the Site Materials; (ii) your conduct; (iii) your violation of these Terms; (iv) your violation of the rights of any third party; and (v) any User Content posted by you. Company is not liable for any loss or damage that results from your failure to comply with your obligations in these Terms or from unauthorized access to or use of your User Account or subscription.

 

  • Force Majeure. A party will not be liable to the other should its performance under these Terms & Conditions be prevented, restricted, or interfered with by circumstances or events beyond its reasonable control (“Force Majeure Event”), provided that the affected party uses its best efforts to resume performance promptly at the end of the Force Majeure Event.

 

  • Assignment. Neither these Terms nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of Company and any attempt to do so will be null and void. However, Company may assign or transfer these Terms at any time without your permission.

 

  • Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

TERMS & CONDITIONS OF USE AND PRIVACY POLICY REVISIONS

Company may modify or update the Terms & Conditions and Privacy Policy from time to time. It is your responsibility to review the Terms & Conditions of Use and the Privacy policy periodically. Your continued use of the Site constitutes your acceptance of such modifications to the Terms & Conditions and Privacy Policy. 

 

CONTACT INFORMATION

If you have questions, feedback or a complaint, please submit them in writing to support@MightyFit.tv or P.O. Box 804, San Marcos, CA 92079.