These Terms & Conditions apply to the AthleticsFit application including, without limitation, "GetMyMeals" iOS app, Android app or web app, and the AthleticsFit website located at afmeals.com (collectively, the "App"). As used in these Terms & Conditions, "AthleticsFit", "us", or "we" refers to AthleticsFit LLC and its subsidiaries and affiliates.
YOUR USE OF THE APP IS GOVERNED BY THESE TERMS & CONDITIONS
BY ACCESSING OR OTHERWISE USING THE APP, YOU AGREE TO THESE TERMS & CONDITIONS IN THEIR ENTIRETY. Any person or entity who interacts with the App through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is deemed to be using the App and bound by these Terms & Conditions.
We may revise and update these Terms & Conditions 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 App thereafter.
Your continued use of the App following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page each time you use the App so you are aware of any changes, as they are binding on you. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using all or any part of the App.
AthleticsFit allows customers to make purchases by using either: (1) Meal Plan Order; or (2) Order by meals (each, an “Order Method”).
Delivery Schedule: 3 times per week - Sunday / Tuesday / Thursday - from 5pm to 11pm
Pickup Schedule: 3 times per week - Sunday / Tuesday / Thursday - from 3pm to 6pm
Meal Plan Order: All meals delivered to you with 2 days of meal plan.
Order by Meals: All meals that you ordered for this delivery date.
Pickup Address - 9628 NE 2nd Ave, Miami Shores, FL 33138
We reserve the right not to deliver, or to delay delivery (as applicable): outside our designated delivery times; outside our delivery zone; in inclement weather or dangerous driving conditions; to minors; to customers in public establishments; or in those instances in which we believe our delivery would conflict with, compromise or affect our business. You will be charged for your order even if we are unable to deliver your order because you provided an inaccurate address or other inaccurate delivery information. If you request that your order be left at your door or another specified location, rather than delivered to you personally, you will be responsible for any and all loss, spoilage, theft, infestation or damage to the product occurring after the product has been delivered, and any such loss, spoilage, theft, infestation, or damage shall not excuse you from your obligation to pay for such product. If you request that your order be delivered to you personally and we are unable to locate you at the address provided, we will attempt to contact you by phone or SMS. You will be charged for your order even if you are not at the designated location at the time of delivery, or we are unable to contact you. Delivery time frames listed on the App are estimates and do not guarantee delivery within the time listed.
Third Party Delivery Service.
You acknowledge that we use third party delivery services (collectively, the "Delivery Services") to deliver your order. When you place your order with us, we will provide your name, address, contact information, including phone number, and information regarding your order to the Delivery Service so that they may deliver your order to you. In addition, we may provide other information to the Delivery Service, such as information regarding comments, reviews or ratings we receive from you regarding the Delivery Service to help improve the quality of their service. You agree that we may provide the foregoing information to the applicable Delivery Service.
Shipping & Handling.
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier.
Upon delivery at the address specified in the applicable order, ownership and the risk of loss with respect to the meals pass to you. Following delivery, you, and not AthleticsFit, are solely responsible for the proper and safe preparation, storage and cooking of the meals. By ordering any of our meals, you agree to use and consume our meals at your own risk.
To receive delivery, you must live in a residential apartment or home, or receive permission from your employer or business owner to receive delivery to a business address. In addition, you may get your meals delivered to a location designated by the shipper. Deliveries may not be scheduled to business addresses for Sunday. Shipments to business addresses may arrive any time before 11 p.m. and are not guaranteed to arrive within specified "business hours".
If you are not at home when your shipment arrives, in certain geographical areas, the courier will generally leave the package for you at your door, unless other delivery instructions have been communicated to you. Our meals may be packaged with insulated liners and gel packs and will typically remain cold and fresh for several hours, however the length of time the meals remain cold and fresh will depend on the season and temperature in your geographic area at the time of delivery. You should plan for immediate and proper storage of your meals after delivery, prior to consumption. If something is missing from your shipment, please contact us at firstname.lastname@example.org.
In the case of inclement weather or other events beyond our control that interfere with our (or a third party’s) ability to deliver your order, we will attempt to deliver or cause your order to be delivered as soon as reasonably possible. If timely delivery of your meals is not feasible, we may cancel your meal delivery for the period so affected and issue you a credit or refund of the purchase price for that meal delivery.
Deliveries and Food Safety.
You are responsible for inspecting all meals for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the meals you receive. We recommend that you use a thermometer to ensure that the internal temperature of any meat, poultry or seafood Product is 40° F or below. In the unlikely event that such temperature is above 40° F, or you have any other reason to believe that any item in your delivery or purchase is not suitable for consumption, contact us at email@example.com and discard the item. To maintain the quality and integrity of our meals, we recommend that you immediately refrigerate all perishable items upon receipt and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety. We also recommend that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the USDA recommendations on food consumption for at-risk groups.
All AthleticsFit production facilities actively store, portion, and distribute ingredients that contain seven (7) major food allergens determined by the U.S. Food and Drug Administration (“FDA”) (milk, egg, soy, fish, shellfish, peanuts and tree nuts). While AthleticsFit takes precautions to reduce the risk of cross-contamination between ingredients and food products, cross-contamination may unintentionally occur during production and transit, which may cause meals or other products offered by AthleticsFit to contain some or all of those allergens. If you suspect that you have an allergic reaction or other adverse health event, immediately contact your health care provider and/or seek immediate medical treatment. In addition, due to the variable nature of ingredient availability, nutritional information provided by AthleticsFit may differ from the nutritional information published.
Third Party Information Providers and Merchants.
In certain cases, AthleticsFit may permit you to order and receive products, information and services from third parties that are not owned or operated by AthleticsFit. In such instances, AthleticsFit acts only as the link between you and such third parties. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services and/or information ordered or received from such third parties are covered by their respective customer agreements and policies and are matters that should be addressed solely between you and such third parties. AthleticsFit makes no representations or warranties of any kind, express or implied, regarding the merchandise, services and/or information received from such third parties and the fact that AthleticsFit makes such products, information, and services available to you is not, and should not be construed as, an endorsement of the third parties and/or the products, services, and information that they provide. You agree that AthleticsFit shall have no obligation and incur no liability to you in connection with any products, information and/or services from third parties that are not owned or operated by AthleticsFit.
Weight Loss and Health Claims.
AthleticsFit provides information regarding its products for informational purposes only. Any weight loss and health results mentioned on the App, whether by AthleticsFit or others, are not guaranteed. Your results may vary considerably from those described through the App. You expressly acknowledge that AthleticsFit does not make any express or implied claims or guarantees that you will achieve or maintain any specific results through your use of AthleticsFit's products and services. AthleticsFit does not refund any payments or agree to cancel your participation in a subscription plan based on your failure to achieve your desired results.
AthleticsFit meals and meal plans are not medically-supervised. You should seek the advice of a physician or dietary consultant before starting any dietary program to ensure it is suitable for your specific dietary needs. AthleticsFit does not suggest or represent that any of our programs have been approved for your individual use by a physician or other medical professional. In addition, AthleticsFit does not guarantee the accuracy, completeness, or usefulness of any nutritional information of any meal or subscription plan or adopt, endorse, or accept responsibility for the accuracy, completeness or usefulness of any nutritional information regarding any meal or meal plan.
If you order an item that is not in stock, we will attempt to contact you to provide you with an opportunity to designate a replacement item. If you do not designate a replacement item promptly, the original item will be removed from your order and you will not be charged for that item. If none of the items in your order are available, we will attempt to contact you to let you know that your order is being cancelled.
Editing, Skipping or Cancelling Orders.
Orders or deliveries may be modified, skipped, or cancelled 48 hours before delivery date. Any modifications, skips, or cancellations requested after the 48 hours will be deemed to be rejected by AthleticsFit.
Prices and Payment.
We offer weekly meal plans in which you will receive a specified number of meals each week. The fees for your meal plan will depend on the number of meals you specify and will be shown on the order page on the App. All prices shown on the App are subject to change at any time without notice. The price available through the App reflects the price available at the current time, in your current market area, and supersedes any and all prior prices listed or communicated for any product or plan. We may offer promotional pricing (as described below), frequency discounts, incentive pricing, loyalty discounts and other alternative pricing structures for some or all of our subscription plans to some or all of our customers from time to time at our discretion. We reserve the right to discontinue, modify or extend such pricing at our discretion without prior notice to you.
We do not charge you automatically, however you have an option to ask your sales manager to place an order for you, by do so in any way phone, email, sms or other communication method, you agree that AthleticsFit or its third party payment processor is authorized to charge you for your meal plan, in advance, plus any taxes, delivery fees, or other applicable charges, until you cancel it or we suspend or cancel your account.
AthleticsFit may, from time-to-time, offer promotions or other contests in which you may receive food items, merchandise and other items (each, a "Contest"). By entering a Contest, you agree to be bound by these Terms & Conditions. Any violation of these Terms & Conditions may result in disqualification. All decisions regarding a Contest shall be made by us and all such decisions are final and binding in all respects. The prizes will be determined by AthleticsFit in its sole discretion and may be changed, altered or substituted by AthleticsFit before or during the term of the applicable Contest. All federal, state and/or local income and other taxes resulting from a Contest, if any, are your sole responsibility. AthleticsFit MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH RESPECT TO ANY CONTEST. ANY ATTEMPT BY YOU TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO IMMEDIATELY CANCEL YOUR ACCOUNT AND TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
The App and all of its features, functionality, and content, such as recipes, meal planners, guides, shopping lists, sales flyers, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other material (collectively "Content") are owned by AthleticsFit, 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 & Conditions permit you to use the App 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 App, except as follows: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your web browser for display enhancement purposes; and (3) you may print or download proof of payment or information regarding your orders, for your personal purposes. Accessing, downloading, printing, posting, storing, or otherwise using the App or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. Nothing in these Terms & Conditions or otherwise will be deemed to grant to you an ownership interest in the App or the Content, in whole or in part.
The mark “AthleticsFit” and the AthleticsFit logos and other related marks, design marks, product names, feature names and related logos used in the App are trademarks of AthleticsFit and may not be used, copied, or imitated, in whole or in part, without the express prior written permission of AthleticsFit. In addition, the look and feel of the App constitutes the service mark, trademark and/or trade dress of AthleticsFit and may not be copied imitated or used, in whole or in part, without the express prior written permission of AthleticsFit. AthleticsFit's trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages AthleticsFit or suggests a sponsorship, affiliation or endorsement by AthleticsFit.
You may be required to register with AthleticsFit in order to access certain services or areas of the App. If you are required to register with AthleticsFit, we may not be able, or we may refuse, to provide you with the user name you request. Your user name and password are for your personal use only. If you use the App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to AthleticsFit including those set forth in these Terms & Conditions, AthleticsFit reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
If the App includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile device. These notifications may include information regarding your order, such as a confirmation of our receipt of your order, the status of the delivery, or a notice that your order has been delayed or cancelled. Also it can inlucde marketing offers. The notifications may be in the form of badge, alert or pop-up messages, and may be delivered to your device even when the App is running in the background. You have the ability, and it is your responsibility, to control the notifications you do, or do not, receive through your device.
MODIFICATION AND TERMINATION
AthleticsFit may at any time: (i) modify or discontinue any part of the App; or (ii) offer opportunities to some or all App users. AthleticsFit reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your account or your use of the App and to block or prevent future access to and use of the App. Upon any such termination, your right to use the App will cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the App. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, and all representations and warranties, all limitations of liability, and all indemnities, shall survive such termination.
USER REVIEWS, COMMENTS, AND SUBMISSIONS
If the App allows you to submit reviews, comments, and other communications, photos, videos, or any other content ("User Content") through or to the App, AthleticsFit welcomes such User Content as long as the User Content submitted by you complies with these Terms & Conditions.
You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, images, or other material, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and AthleticsFit assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party including, without limitation, a Delivery Service.
For any User Content you submit, you grant to AthleticsFit a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, you agree not to send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to AthleticsFit the right, without any obligation, to include the name provided along with the User Content submitted by you. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the App. Please note that visitors to the App may post content that is inaccurate, misleading, or deceptive. AthleticsFit neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. AthleticsFit will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not be factual or reflect the opinions of AthleticsFit.
DMCA NOTICE – NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
AthleticsFit's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the App can be identified and removed using the process listed below, and you agree to fully comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide AthleticsFit's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying AthleticsFit that your copyrighted material has been infringed. AthleticsFit does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, AthleticsFit will respond by either taking down the allegedly infringing content or blocking access to it. AthleticsFit may contact the notice provider to request additional information. Under the DMCA, AthleticsFit is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send AthleticsFit a counter-notification. Notices and counter-notices are legal notices distinct from regular App activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
LINKS TO THIRD PARTIES
The App may contain links and interactive functionality interacting with third parties, including social media applications and product manufacturers' applications. AthleticsFit is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such application. Before enabling any sharing functions of the App to communicate with any such application or otherwise visiting any such application, you agree to review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third party application. The links and interactive functionality for third party applications on the App do not constitute an endorsement by AthleticsFit of such third party application. Other applications may link to the App with or without our authorization, and we may block any links to or from the applications, in our sole discretion. YOU RECOGNIZE AND AGREE THAT YOUR USE OF THIRD PARTY APPLICATIONS AND RESOURCES IS AT YOUR OWN RISK.
DISCLAIMERS OF WARRANTIES
You understand that AthleticsFit cannot and does not represent or warrant that the App will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.
THE APP AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP (COLLECTIVELY, THE "APP CONTENTS") ARE PROVIDED BY AthleticsFit ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AthleticsFit MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP, THE ACCURACY OR COMPLETENESS OF THE APP CONTENTS, THE SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE APP, OR THAT EMAILS OR OTHER COMMUNICATIONS SENT FROM AthleticsFit ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. AthleticsFit WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APP OR THE APP CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY AthleticsFit IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, AthleticsFit DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE APP AND THE APP CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IF PRODUCTS ARE PROVIDED BY THIRD PARTIES, SUCH AS DELIVERY SERVICES, THROUGH THE APP, THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS OR SERVICES. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT OR SERVICE REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH PROVIDER AND NOT BY AthleticsFit.
IF NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THE APP, AthleticsFit DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PRESENTED THROUGH OUR APP AND YOU SHOULD CONSULT EACH PRODUCT'S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
THIRD PARTY NAMES, MARKS, PRODUCTS, ADVERTISEMENTS, OR SERVICES OR POP-UP TEXTS OR LINKS TO THIRD PARTY APPLICATIONS MAY APPEAR ON THE APP. IN NO EVENT WILL AthleticsFit BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE APP, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY APPLICATION, OR ANY LINK CONTAINED IN A LINKED APPLICATION. IF YOU DECIDE TO LINK TO ANY SUCH THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.
The App is controlled and operated by AthleticsFit from the United States, and is provided for use only by persons located in the United States. AthleticsFit does not represent or warrant that the App or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the App, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the App's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
IF THE APP INCLUDES HEALTHCARE OR NUTRITIONAL INFORMATION, THAT INFORMATION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.
We provide information through the App for your information and enjoyment. Your use of the App is strictly voluntary. Because some of the information in the App may relate to modifications to your diet, you agree to use your good judgment and reasonable care prior to making any changes to your lifestyle. By using the App, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk.
To the fullest extent provided by law, you knowingly and voluntarily do hereby release, acquit, waive, forever discharge, and covenant not to sue AthleticsFit, its employees, agents, representatives, and any related affiliate and/or subsidiary entities from and for liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the information and materials offered by AthleticsFit through the App.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL AthleticsFit OR ITS EMPLOYEES, DIRECTORS, OFFICERS, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF AthleticsFit HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND AthleticsFit. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AthleticsFit. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE APP, ANY CONTENT ON THE APP, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP. YOU ACKNOWLEDGE, BY YOUR USE OF THE APP, THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
INDEMNIFICATION AND DEFENSE
As a condition of the use of the App, you agree to defend, indemnify, and hold harmless AthleticsFit and its respective employees, directors, officers, agents, representatives, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, judgments, awards, costs, fees and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your violation of these Terms & Services, or your use of the App, including, without limitation, any User Content submitted by you, any use of the Contents, services, and products other than as expressly authorized in these Terms & Conditions, or your use of any information obtained from the App.
NOTICES AND ELECTRONIC COMMUNICATIONS
You consent to receive any and all notices and other communications from AthleticsFit by: (i) the posting of notices on the App, (ii) transmission by email to the email address provided by you to AthleticsFit in connection with the creation of your account, or (iii) transmission by mail to the billing address provided by you to AthleticsFit in connection with the creation of your account. You agree that all agreements, notices, disclosures, and other communications that AthleticsFit provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the App or an email is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
APPLICABLE LAW; DISPUTES
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE/APP AND ALL DISPUTES OR CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF FLORIDA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF FLORIDA OR ANY OTHER JURISDICTION). YOU FURTHERMORE AGREE THAT THE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT OF FLORIDA, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT OF FLORIDA, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF FLORIDA, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE APP AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.
AthleticsFit may, in its sole discretion, require you to submit any claims or disputes arising from these Terms & Conditions or use of the App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.
If you have any concerns about AthleticsFit or your use of the App, please contact us at firstname.lastname@example.org with a detailed description, and we will try to resolve it.
Last Updated: December 31, 2022