Fit Journey Weight Loss Journey Resource 
| Terms and Conditions of Sale PLEASE CAREFULLY READ THESE TERMS OF USE AND TERMS AND CONDITIONS OF SALE (collectively with any amendments hereto, “TERMS AND CONDITIONS”). BY USING THIS WEB SITE OR ANY WEB SITE OF FIT JOURNEY, LLC, AND/OR PLACING AN ORDER FOR FIT JOURNEY, LLC’S, PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR FIT JOURNEY’S PRODUCTS AND SERVICES. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE FIT JOURNEY’S PRODUCTS OR SERVICES. MINORS NOT PERMITTED CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THIS WEBSITE. Content on this Website is not appropriate for children under the age of 18, therefore you understand that you must be 18 years or older to participate in a program. This website includes weight management information and content for those individuals seeking assistance with personal weight loss. Fit Journey is not a medical organization and we cannot and do not give medical diagnosis. Nothing contained in the website should be construed as such diagnosis or advice. The information should not be substituted for a physician consultation, treatment, or evaluation. We recommend that you seek the advice of a physician before beginning any weight loss or fitness regimen. This site is intended for use only by healthy adult individuals. The Website is not intended for minors, pregnant women, or individuals with any health condition. Welcome to the Web site of Fit Journey, LLC, and its related sites, including, but not limited to, Fit Journey.com among others (the “Site”) ( Fit Journey, and its wholly owned business units, including Fit Journey®, , are referred to herein as “Fit Journey” or “us” or “we”). These Terms and Conditions govern and apply to your (“you” or “your”) access to and use of this Site and its related domains on which this document appears, any order you place through any of the Fit Journey Web sites, and—as applicable—your use of other products or services of Fit Journey. You must read these Terms and Conditions carefully before placing an order, or using the Site. By using the Site, and/or placing an order through the Site, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not order any product or service through or otherwise use the Site. The Terms and Conditions may be changed in the future without further notice. Your continued use of the Site and/or other products or services of Fit Journey after any such changes constitutes your acceptance of the new Terms and Conditions. These Terms and Conditions apply to your access to, and use of, the Site, any order you place through any of the Fit Journey Web sites, and to all products and services we supply, produce, distribute, or market. To the extent of any express inconsistency with any other agreement you may have with Fit Journey for products, services, or otherwise, that other agreement shall prevail unless explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Site. If you order a product or service through the Site, these Terms of Use will also apply. User Conduct You must only use the Site for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not without our prior written consent:
In using the Site, you further agree:
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on this Site. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions. Privacy Policy Users of this Site and/or other products or services of Fit Journey should refer to Fit Journey’s Privacy Policy for information about how Fit Journey uses and collects information. You agree that Fit Journey may disclose your personal information to a third party if Fit Journey believes in good faith that the law or legal process requires it, to protect the rights or property of Fit Journey or others, or as otherwise described in the Privacy Policy. Content Uploaded to the Site In the event that you upload any photographs, comments, video clips, or other media to the Site (the “Uploaded Content”), Fit Journey has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Web sites, in perpetuity throughout the world as Fit Journey in its sole discretion sees fit without further consent or payment. Fit Journey has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Fit Journey has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Fit Journey may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Fit Journey’s sole discretion. Fit Journey is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions. Users of the Site must only post Uploaded Content that is owned by, and features, themselves, and no other third parties. Changes to the Site Fit Journey may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Fit Journey shall not be liable therefore. User Submissions and Web Postings You agree not to submit any content that is in any way inappropriate, unlawful or offensive, as determined by us in our sole discretion. Fit Journey assumes no responsibility for user submissions or postings. We may monitor, edit or delete any submission or posting. We may terminate a user’s access to the website upon breach of these Terms & Conditions or any applicable laws. You retain ownership of any non-personal information, communications or material you submit or post to Fit Journey at this website, by email, download or otherwise (collectively “Submission”). By making a Submission, you grant us a perpetual, worldwide, non-exclusive, royalty-free license to use and reproduce such Submission freely, for any purpose and on any medium. Any such use is without compensation to the person submitting. Submissions are non-confidential and Fit Journey is under no obligation to use any Submission. If Fit Journey accepts your Submission, Fit Journey does not waive any rights it may have to similar or related ideas previously known to us, developed by our employees, or obtained from sources other than you. By submitting information, you also warrant that you own the content submitted, that it is not unlawful or defamatory, and that Fit Journey’s use will not violate any third party’s rights. Fit Journey will endeavor to fully cooperate with any law enforcement authorities or court order requesting or directing Fit Journey to disclose the identity of anyone posting any such or materials. Linked Sites Fit Journey makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Fit Journey, and Fit Journey is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Fit Journey of the site or any information contained therein. When leaving the Site, you should be aware that Fit Journey’s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site. Linking Links on this website may take you outside the Fit Journey network and systems. Fit Journey accepts no responsibility for the content, accuracy or function of these other third party websites. The inclusion of any link to other websites does not imply endorsement by Fit Journey. We highly recommend that you carefully read the legal and privacy notices of all other websites that you visit. In general, Fit Journey does not object to links to this website from third party websites. However, you must abide by the following rules:
Fit Journey will not tolerate links from any website that may adversely affect the name, reputation and goodwill of Fit Journey and our products. We reserve the right to cancel permission to link Fit Journey at any time, for any reason.
Copyright and Trademarks All Site materials, including, without limitation, Fit Journey, and all Fit Journey product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 2013 /Fit Journey, LLC. ALL RIGHTS RESERVED. Fit Journey or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Fit Journey or the respective copyright owner. You may not, without the express written permission of Fit Journey or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Site, its content, or services or products obtained through the Site; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Fit Journey or any third party. Trademarks: Together with other logos and product names described on this Site, the following are trademarks or registered trademarks of Fit Journey, LLC, in the United States and other countries. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fit Journey or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Fit Journey, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fit Journey. Other names and brands may be claimed as the property of others. Copyright Policy and Copyright Agent It is Fit Journey’s policy to respect the copyright and intellectual property rights of others. Fit Journey may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Fit Journey may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Fit Journey complies with the Digital Millennium Copyright Act. If you believe that Fit Journey or any user of our Site has infringed your copyright in any material way, please notify Fit Journey, and provide the following:
Please direct inquiries regarding intellectual property infringement issues by email to: info@fitjourney.com, or by mail to:
Fit Journey, LLC 70 W 95th st Suite 19A NY NY 10025
We will aggressively enforce our intellectual property rights to the fullest extent of the law. Indemnification You agree to indemnify and hold harmless Fit Journey, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party. Product Information For questions about the products or services on this Site, please use the Customer Service email links found on each product page or section. For questions about orders placed through the Site or otherwise, please use the Customer Service link in the email receipt you receive or by visiting the online Customer Service Center. Our Guarantee Unless stated otherwise, all Fit Journey products on the Site carry at least a 30-day money-back guarantee (less shipping and handling) from the date of delivery from the manufacturer or distributor of the product in the event that you are not 100% satisfied with your purchase. If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage. Should you experience any difficulty or delay in returning a product and securing the proper refund, please visit our online Customer Service Center. Product and Service Descriptions We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products or services through the Site, please note that:
Order and Payment Information If you use the Site or other means to purchase a product, payment must be received by Fit Journey prior to Fit Journey’s acceptance of an order, unless otherwise agreed by Fit Journey. Fit Journey may need to verify information you provide before Fit Journey accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Fit Journey will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Fit Journey expressly conditions its acceptance of your order on your agreement to these Terms and Conditions. In ordering products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Fit Journey is registered to you. Fit Journey shall have the right to bar your access to and use of the Site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Fit Journey, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required. Fit Journey may reject orders where the stated delivery address is outside the United States and Canada. Fit Journey will add applicable shipping and handling fees. Fit Journey reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site without incurring any obligation to you. Fit Journey’s descriptions of, or references to, products not owned by Fit Journey on and outside of the Site do not imply endorsement of that product, or constitute a warranty, by Fit Journey. Shipping Unless otherwise noted, Fit Journey will use its best efforts to ship products within four weeks of the receipt of a properly completed order. However, any delivery or shipment date provided by Fit Journey to you is Fit Journey’s good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. Fit Journey shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. Fit Journey cannot ship to P.O. boxes. Automatic Renewal With regards to any product made available to you on a monthly (or other period) subscription as sold through the Site or otherwise (including any free trial product) (the “Product”), the default term of our agreement shall be for so long as we make the Product available to you. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED (AND CHARGED TO THE ACCOUNT YOU HAVE PROVIDED) FOR ANOTHER TERM AT THE EXPIRATION OF YOUR CURRENT TERM, WHENEVER LOCAL REGULATIONS ALLOW, FOR A FEE NO GREATER THAN OUR THEN-CURRENT PRICE, EXCLUDING PROMOTIONAL AND DISCOUNT PRICING. The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each period thereafter. IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST, PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM, INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO THE PRODUCT. You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service. We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion. Warranties CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS FOR SALE ON OR OUTSIDE THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH FIT JOURNEY. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE SITE. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND OTHER PRODUCTS AND SERVICES OF FIT JOURNEY IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT FIT JOURNEY DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO FIT JOURNEY FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, FIT JOURNEY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THIS SITE. NOR DOES FIT JOURNEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, OR ITS CONTENT. ALTHOUGH FIT JOURNEY STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, FIT JOURNEY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, FIT JOURNEY DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. FIT JOURNEY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, FIT JOURNEY DISCLAIMS ALL WARRANTIES NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The terms of this section survive any termination of the Terms and Conditions. Limitations on Liability WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL FIT JOURNEY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF FIT JOURNEY OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FIT JOURNEY’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO FIT JOURNEY FOR ANY PRODUCTS SUPPLIED BY FIT JOURNEY THROUGH YOUR USE OF THE SITE OR OTHERWISE. FIT JOURNEY WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR. THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS. The terms of this section survive any termination of the Terms and Conditions. OBSCENE AND OFFENSIVE CONTENT We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to customerservice@fitjourney.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website. SEC Disclosure The information contained within press releases issued by Fit Journey should not be deemed accurate or current except as of the date the release was posted. Fit Journey has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk. International Users This Site is controlled, operated, and administered by Fit Journey from its offices within the United States of America. Fit Journey makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. Termination Notwithstanding any of these Terms and Conditions, Fit Journey reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block or prevent future access to and use of the Site. You agree that Fit Journey shall not be liable for any termination of your use of or access to the Site. Third-party rights Only you and Fit Journey shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions. Severability If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The terms of this section survive any termination of the Terms and Conditions. Language It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English. Applicable Law and Venue These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or your use of the Site shall be filed only in the Superior Court of New York County, New York, or the United States District Court for the Central District of New York, and except as stated herein you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions. Notwithstanding the above, any controversy or claim related to this Agreement shall be resolved exclusively by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”). The Act will apply even though this Agreement provides that it is governed by the laws of New York. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof (“JAMS”), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in New York, New York. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars, upon the request of either Fit Journey or You, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of Fit Journey to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. The prevailing party in any action or arbitration related to these Terms and Conditions shall be entitled to its reasonable attorney fees and costs. The terms of this section survive any termination of the Terms and Conditions. General The Terms and Conditions constitute the entire agreement between Fit Journey and you with respect to your use of the Site, your purchase of products and services through the site, and as applicable any products or services of Fit Journey. Any cause of action you may have with respect to the Site or Fit Journey’s products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Fit Journey to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Fit Journey, and you do not have any authority to create any obligation or make any representation on Fit Journey’s behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Fit Journey’s written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Fit Journey and their respective successors and assigns. The terms of this section survive any termination of the Terms and Conditions.
Medical Disclaimer: THIS WEB SITE IS NOT DESIGNED TO, AND DOES NOT, PROVIDE MEDICAL ADVICE. ALL CONTENT (“CONTENT”), INCLUDING TEXT, GRAPHICS, IMAGES AND INFORMATION AVAILABLE ON OR THROUGH THIS WEB SITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEB SITE. NEVER RELY ON INFORMATION ON THIS WEB SITE IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE. FIT JOURNEY IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS SITE. YOU ARE ENCOURAGED TO CONFER WITH YOUR DOCTOR WITH REGARD TO INFORMATION CONTAINED ON OR THROUGH THIS WEB SITE. AFTER READING ARTICLES OR OTHER CONTENT FROM THIS WEB SITE, YOU ARE ENCOURAGED TO REVIEW THE INFORMATION CAREFULLY WITH YOUR PROFESSIONAL HEALTHCARE PROVIDER PLEASE CONSULT YOUR PHYSICIAN BEFORE BEGINNING THIS OR ANY EXERCISE PROGRAM. Other important terms We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the Web site at the time the order is accepted will apply to the order. These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing. |