Terms of service

FITNESSETTI TERMS AND CONDITIONS OF USE

LAST UPDATED:  MARCH 15, 2021

  1. AGREEMENT. These Terms and Conditions of Use (“Terms” or “Agreement”) govern your use of and access to Fitnessetti.com (the "Fitnessetti Site" or “Site”). The Site is made available by Fitnessetti, LLC, a New York limited liability company. The terms “Fitnessetti”, "we", "us" or "our" used in this Agreement refer to Fitnessetti, LLC. Fitnessetti provides digitally accessible fitness videos and related services and content. The Site, along with the fitness videos, services, and content made available therein are referred to herein as the “Fitnessetti Service” or "Service". By using the Service, you: (a) agree to be bound by the terms and conditions of this Agreement, and (b) you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all its terms and conditions, just as if you had signed it. If you do not agree to the terms and conditions of this Agreement, do not use the Service. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an email shall constitute reasonable means. Your continued use of the Service after we post any amendments to this Agreement will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Service. If you have any questions or concerns regarding these terms or conditions herein, please email us. You should also read and understand the Fitnessetti Privacy Policy, which is incorporated by reference into and made a part of this Agreement. Once you have paid for a video or other Fitnessetti Service, and have received the video link, there are no refunds. This Agreement also includes any additional payment terms and other requirements set forth on the download or purchase page of the Site. Prior to using the Fitnessetti Service, it is important for you to know and understand that by accessing and/or using the Service through any means, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Fitnessetti Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your access and use of the Service. By using the Service, you consent to receiving this Agreement in electronic form. Notice to consumers: depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this Agreement and that are in addition to the terms of this Agreement, and certain provisions of this Agreement may be unenforceable as to you. To the extent that any term or condition of this Agreement is unenforceable, the remainder of the Agreement shall remain in full force and effect.

  2. HEALTH WARNING AND MEDICAL DISCLAIMER. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THE SERVICE OR USING ANY OF OUR FITNESS VIDEOS 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, IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, HAVE A BONE OR JOINT PROBLEM OR OTHER MEDICAL CONDITION THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE FITNESSETTI SERVICE 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. THE FITNESSETTI SERVICE OFFERS GENERAL FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE FITNESSETTI SITE OR AVAILABLE THROUGH ANY FITNESSETTI SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK. IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.

  3. WHO MAY USE THE FITNESSETTI SERVICE. AGE REQUIREMENT: You must be at least 18 years old to use the Fitnessetti Service.

  4. THE SERVICE; GRANT OF LICENSE. Subject to your compliance with the terms and conditions of this Agreement, Fitnessetti Service grants you a limited, non-exclusive, revocable, non-sublicensable, non- transferable license, to access and use the most current available versions of the Site, the videos and Service for your lawful, personal and non-commercial use. The Service and the content provided therein is available for users of various skill levels, for a variety of activities, and for varying durations. Content may not always be available and is subject to change at any time with or without notice and without any liability to you. Content is intended for informational purposes only and should not be considered medical or healthcare advice. Use of the Site and Service is for personal, non-commercial use only. You may not use the Service in connection with any commercial endeavors, such as (i) reselling the videos or Fitnessetti Service or posting on YouTube; (ii) advertising or soliciting any user to buy or sell any products or services; or (iii) for any other commercial purposes. If you promote the videos or Fitnessetti Service on social media, you must give credit to Fitnessetti. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by Fitnessetti. If you wish to inquire about possible commercial use, please contact us at Fitnessetti@gmail.com. Fitnessetti may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.

  5. YOUR REPRESENTATIONS AND WARRANTIES AS A USER. In using the Fitnessetti Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise, including without limitation pregnancy; or (B) your physician has specifically approved of your use of the Fitnessetti Service. You further affirm that you will not access the Service from within the European Economic Area.

  6. GENERAL DISCLAIMERS. FITNESSETTI PROVIDES THE FITNESSETTI SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU THEREFORE USE THE FITNESSETTI SERVICE AT YOUR OWN RISK. FITNESSETTI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. Without limiting the foregoing, Fitnessetti makes no representations or warranties: • That you will achieve any particular outcome, results, or gains; • That the Fitnessetti Service, or any particular fitness program is suitable for you; • Regarding the adequacy or safety of the Fitnessetti Service for any particular user; • That the Fitnessetti will meet your personal needs; • That the Fitnessetti Service will be permitted in your jurisdiction; • That the Fitnessetti Service will be uninterrupted or error-free; • That Fitnessetti will continue to support any particular feature of the Fitnessetti Service; or • Concerning sites and resources outside of the Fitnessetti Service, even if linked to/from the Fitnessetti Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Fitnessetti Service. Fitnessetti shall not be responsible for loss or corruption of data, and you hereby waive all claims with respect to damage to your computer system, internet access, download or display device. To the extent that a secondary party may have access to or view Fitnessetti content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.

  7. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW: (I) IN NO EVENT SHALL FITNESSETTI, OR ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, DEATH, LOSS OF LIVELIHOOD, LOSS OF ENJOYMENT, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF FUTURE EARNINGS, GOODWILL, USE, AND/OR ANY OTHER DAMAGES OR OTHER INTANGIBLE LOSSES; AND (II) FITNESSETTI'S, AND ITS AFFILIATES' TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FITNESSETTI OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S).IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS THE SITE OR SERVICE.

  8. PRIVACY. Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about: (i) What information we may collect about you; (ii) What we use that information for; and (iii) When and with whom we share that information. CONSENT TO EMAIL: When you purchase our Services, we may ask for your name, address, email, and other personal information. You agree and consent to our lawful use of this information, and to our transmittal of emails. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or they may contain exclusive offers, promotions or special offers.

  9. LICENSE TO USE THE FITNESSETTI SERVICE: Fitnessetti grants you a limited, non-exclusive license to access and use the Fitnessetti Service for your own personal, non-commercial purposes. This includes the right to view content available on the Fitnessetti Site. This license is personal to you and may not be assigned or sublicensed to anyone else. Videos may not be copied or shared with anyone else. RESTRICTIONS: Except as expressly permitted by Fitnessetti in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Fitnessetti Service. Nor will you take any measures to interfere with or damage the Fitnessetti Service. All rights not expressly granted by Fitnessetti are reserved. Your use of the Fitnessetti Service through any applications or device constitutes your agreement to be bound by these Terms. Any Fitnessetti video or service, regardless of the manner and means in which it is downloaded, is licensed, not sold, to you for use only under these Terms. Fitnessetti reserves all rights not expressly granted to you.

  10. THIRD PARTY LINKS AND CONTENT. Certain links on the Fitnessetti Site and/or the Fitnessetti Service may let you leave the Fitnessetti Site or Fitnessetti Service you are accessing in order to access a linked site (the "Linked Sites"). When you are linking to a third-party site, it is important to know that Fitnessetti does not control these sites, nor has Fitnessetti reviewed or approved the content which appears on the Linked Sites. Fitnessetti is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any Linked Sites, or the conduct of such Linked Sites. You acknowledge and agree that Fitnessetti shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites. More specifically, your participation, correspondence or business dealings with any third party found on or through the Fitnessetti Sites and Service (i.e., a Linked Site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Fitnessetti shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

  11. INTELLECTUAL PROPERTY. You acknowledge that the Fitnessetti Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Fitnessetti-generated content and content developed for Fitnessetti by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Fitnessetti owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Fitnessetti Site. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Service, you may download one copy of the video(s) to any single computer or device for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited. The Fitnessetti name, logos and affiliated applications and technologies are the exclusive property of Fitnessetti. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. Fitnessetti owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of Fitnessetti or, if such property is not owned by Fitnessetti, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

  12. ARBITRATION AND GOVERNING LAW. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association in New York, New York. You may not under any circumstances commence or maintain against Fitnessetti or its Affiliates any class action, class arbitration, or other representative action or proceeding. By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Fitnessetti or its Affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Fitnessetti may be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury. This Agreement, and any dispute between you and Fitnessetti, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

  13. GENERAL PROVISIONS. HEADINGS; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Fitnessetti in exercising any right hereunder will waive any further exercise of that right. Fitnessetti's rights and remedies hereunder are cumulative and not exclusive. SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Fitnessetti's prior written consent. No third party shall have any rights hereunder. NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Fitnessetti electronically. Fitnessetti may provide all such communications by email or by posting them on the Fitnessetti Service. For support- related inquiries, you may send an email to Fitnessetti@gmail.com. Nothing herein shall limit Fitnessetti’s right to object to subpoenas, claims, or other demands. MODIFICATION: This Agreement may not be modified except by a revised Agreement posted by Fitnessetti on the Fitnessetti Site or a written amendment signed by an authorized representative of Fitnessetti. A revised Agreement will be effective as of the date it is posted through the Fitnessetti Service.

  14. ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference: Privacy Policy. This Agreement constitutes the entire understanding between Fitnessetti and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.