Terms & Conditions
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern FitnessMarketing.com’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘FitnessMarketing.com’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 182 Greystone Lane, Sunrise Beach, Missouri 65079. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using www.fitnessmarketing.com (the “Site,”), you indicate your assent to these Terms of Use. If you do not agree to all of these Terms of Use, do not use the Site.
Fitness Marketing Group (sometimes referred to as “Fitness Marketing,” “we,” or “us”) may revise and update these Terms of Use and the Fitness Marketing Group Privacy Policy at any time. Your continued usage of the Site (the “Fitness Marketing Group,”) will mean you accept those changes.
The Services Do Not Provide Medical Advice
The contents of the Fitness Marketing Group Site, such as text, graphics, images, information, charts, obtained from Fitness Marketing Group’s licensors, including information, advice and coaching received either in written or oral format, and other material contained in the Fitness Marketing Group (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or from the Fitness Marketing Group Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Fitness Marketing Group does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Fitness Marketing Group Site. Reliance on any information provided by Fitness Marketing Group Site (including its licensors), Fitness Marketing Group employees, Fitness Marketing Group contractors, Fitness Marketing Group agents, Fitness Marketing Group affiliates, others commenting on the Site at the invitation of Fitness Marketing Group, or other users of the Site is solely at your own risk.
Compliance With Laws and Licensure.
You will comply with all applicable laws in connection with your use of the Fitness Marketing Group Site, including without limitation maintaining any necessary licenses or permits that may be required to render services to others in connection with the Fitness Marketing Group Site.
Children’s Privacy
We are committed to protecting the privacy of children. You should be aware that the Fitness Marketing Group Site are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Content
Fitness Marketing Group authorizes you to use the Content solely for your personal, noncommercial use. You may print, download and otherwise make copies of Content provided that you include the following copyright notice: “Copyright ©2021, Fitness Marketing Group Site. All rights reserved.” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated by reference into these Terms of Use.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Fitness Marketing Group or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Fitness Marketing Group. All rights not expressly granted herein are reserved to Fitness Marketing Group and its licensors.
If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of Fitness Marketing Group and Its Licensors
The use of the Fitness Marketing Group Site and the Content is at your own risk.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Fitness Marketing Group Site and its licensors. Accordingly, Fitness Marketing Group assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or the Fitness Marketing Group Site.
The Fitness Marketing Group Site and the Content are provided on an “as is” basis. FITNESS MARKETING GROUP AND ITS LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing,
Fitness Marketing Group and its licensors make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, including without limitation software, text, graphics, links, charts, information or communications provided on or through the use of the Site.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of Content, including without limitation any software tools contained on the Site.
In no event shall Fitness Marketing Group, its licensors, or any third parties mentioned on the Site or in the Fitness Marketing Group be liable for any damages (including, without limitation, special, indirect, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Fitness Marketing Group Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Fitness Marketing Group, its licensors, or any third parties mentioned on the Site are advised of the possibility of such damages. In the event that Fitness Marketing Group, it’s licensors, or any third parties mentioned on the Site shall be liable for damages, they shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100.
Fitness Marketing Group, its licensors, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Fitness Marketing Group, or “Public Areas” (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
User Submissions
The personal information you submit to Fitness Marketing Group is governed by the Fitness Marketing Group Privacy Policy. To the extent there is an inconsistency between these Terms of Use and the Fitness Marketing Group Privacy Policy, these Terms of Use shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, forums, article or other postings, user reviews of products, including drug products, etc.) that infringe or violate any rights of any person. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to Fitness Marketing Group by email, (including through the email addresses listed on the “Contact Us” page), or by mail, any communication or content that infringes or violates any rights of any person. If you submit any business information, idea, concept or invention to Fitness Marketing Group by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Fitness Marketing Group by email or by mail, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Fitness Marketing Group a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use (including without limitation to reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display) the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. Fitness Marketing Group may sublicense its rights through multiple tiers of sub-licenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Fitness Marketing Group by email or mail. We try to answer every correspondence in a timely manner but are not always able to do so.
User Submissions — Image, Video, Audio Files
You agree to only post or upload media (such as photos, videos or audio files) that you have taken yourself or that you have all rights to transmit and license and which do not infringe or violate trademark, copyright, privacy or any other rights of any other person. Please note that photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains personally identifiable information (including without limitation name, phone number, email address or website URL.) of you or of anyone else. Uploading media such as images or video of other people without their permission (or, if a minor, his or her parent’s or legal guardian’s permission) is strictly prohibited.
By uploading any media on the Site, you warrant that you have permission from all persons appearing in such media for you to upload such media (or, if a minor, his or her parent’s or legal guardian’s permission) and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind that contain any expressions of hate, any abuse, any offensive images or conduct, any obscenity, any pornography, any sexually explicit material or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use and the Fitness Marketing Group Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, or Content.
By uploading any media, you (a) grant to Fitness Marketing Group a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use (including without limitation to reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display) the media and any material included in the media; and (b) certify that any person pictured in the submitted media (or, if a minor, his or her parent or legal guardian) authorizes Fitness Marketing Group to use (including without limitation to reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display) the media and any material included in such media; and (c) agree to indemnify Fitness Marketing Group and its licensors, affiliates, subsidiaries, employees, contractors, officers, and directors and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms of these Terms of Use.
Fitness Marketing Group reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, in its sole discretion.
Security
Fitness Marketing Group takes security very seriously. Fitness Marketing Group never sends your login credentials in the clear and ensures that whenever it does send that data across the Internet, it is always encrypted.
Passwords
Fitness Marketing Group has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Fitness Marketing Group user name, passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of your user name and activation codes and passwords; (2) authorize, monitor, and control access to and use of your Fitness Marketing Group account, user name and password; (3) promptly inform Fitness Marketing Group of any need to deactivate a user name or password. You grant Fitness Marketing Group and all other persons involved in the operation of the Fitness Marketing Group Services the right to use (including without limitation to transmit, monitor, retrieve and store) your information in connection with the operation of the Fitness Marketing Group Site. Fitness Marketing Group cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Fitness Marketing Group Site.
Fitness Marketing Group Site and Public Areas
If you use the Site blogs, message boards, forums, article or other postings, user reviews or other user communities (the “Public Areas”), you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Fitness Marketing Group and its licensors are not responsible for the consequences of any communications in the Public Areas.
The following actions shall constitute a material breach of these Terms of Use:
1. Using a Public Area for any purpose in violation of local, state, federal or international laws or regulations;
2. Posting material that infringes or violates the intellectual property rights of others or infringes or violates the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing (or encourages harassment), abusive, tortious, defamatory, slanderous, libelous, hateful or embarrassing to any other person as determined by Fitness Marketing Group in its sole discretion;
4. Posting material that contain nudity or is obscene, pornographic, sexually explicit, or is otherwise offensive, as determined by Fitness Marketing Group in its sole discretion.
5. Posting material that contains graphic or gratuitous violence as determined by Evolution Nutrition in its sole discretion.
6. Posting material that are misleading, malicious or discriminatory as determined by Fitness Marketing Group in its sole discretion.
7. Providing resources to or otherwise supporting any organization designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act.
8. Posting advertising or promotional materials;
9. After receiving a warning from Fitness Marketing Group, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
10. Posting chain letters or pyramid schemes;
11. Impersonating another person or misrepresenting your affiliation with another person;
12. Distributing viruses, worms, defects, Trojan horses, or other similar destructive or harmful items;
13. Harvesting or otherwise collecting information about others, including email addresses, without their consent for posting or viewing comments;
14. Allowing any other person to use your identification for posting or viewing comments
15. Posting the same note more than once or “spamming”;
16. Using the Fitness Marketing Group in any manner that could damage, disable, overburden, disrupt, or impair the Fitness Marketing Group Site, or the network(s) connected to the Site, or engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of FitPro Complete Professional Weight Management Software, exposes Fitness Marketing Group or any of its users or licensors to any liability or detriment of any type;
17. Modifying, adapting, translating, reverse engineering, decompiling, or disassembling the Site;
18. Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site;
19. Framing, reformatting, or otherwise making the Fitness Marketing Group Site available to third parties;
20. Creating user accounts using any automated means or under false pretenses;
21. Preparing derivative works based on the Site; or
22. Removing any proprietary notices, labels, or other identifying marks on content provided through the Site.
Fitness Marketing Group reserves the right (but is not obligated) to do any or all of the following:
1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication does not conform to these Terms of Service and determine in its sole discretion to remove or request the removal of the communication.
3. Remove communications which are abusive, illegal, disruptive or that otherwise fail to conform with these Terms of Use.
4. Terminate a user’s access to any or all Public Areas and/or the Site upon any breach of these Terms of Use.
5. Monitor, edit or disclose any communication in the Public Areas.
6. Edit or delete any communication posted on the Site, regardless of whether such communication violates these standards.
You agree that Fitness Marketing Group and its licensors shall have no liability or responsibility to users of the Fitness Marketing Group Site or any other person for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
FitPro Complete Professional Weight Management Software may provide links to third-party websites. Fitness Marketing Group may select certain sites as priority responses to search terms you enter, and Fitness Marketing Group may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Fitness Marketing Group does not recommend and does not endorse the content on any third-party websites. Fitness Marketing Group is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms of use or terms of service for such sites. Fitness Marketing Group does not endorse any product, service, program or treatment advertised on the Site or in the Fitness Marketing Group Site.
You will be able to remit payment for Fitness Marketing Group through third party payment. Although we may share a limited amount of your information with such third party sites in order to initiate payment, and information so shared will be subject to the Fitness Marketing Group Privacy Policy, your dealings with such third party sites will be subject to such third party sites’ privacy policies and terms of service or use, as explained in the preceding paragraph.
Indemnity
You agree to defend, indemnify, and hold Fitness Marketing Group, its licensors, affiliates, subsidiaries, employees, contractors, officers, and directors, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
General
Fitness Marketing Group is a Missouri corporation with principal offices in Camden County, Missouri. Fitness Marketing Group makes no claims that Fitness Marketing Group, Site, and the Content are appropriate or may be downloaded outside of the United States. Access to the Fitness Marketing Group Site or Content may not be legal by certain persons or in certain countries. If you access the Fitness Marketing Group Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability ofFitness Marketing Group and Its Licensors, User Submissions, User Submissions – Image, Video, Audio files, Indemnity, Jurisdiction, Notices, and Complete Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Fitness Marketing Group, or in any way relating to your use of the Fitness Marketing Group, resides exclusively in the state and federal courts in Camden County, Missouri and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts in Camden County, Missouri, in connection with any such dispute including any claim involving Fitness Marketing Group or its licensors, affiliates, subsidiaries, employees, contractors, officers, and directors, including without limitation its service providers and content providers.
These Terms of Use are governed by the laws of the State of Missouri, excluding those laws that direct the application of the laws of another jurisdiction. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notices
Fitness Marketing Group may be required by state or federal law to notify you of certain events. In addition, Fitness Marketing Group may need to notify you from time to time regarding changes to these Terms of Service, the Fitness Marketing Group Privacy Policy or the Fitness Marketing Group Site. You agree that such notices will be effective upon Fitness Marketing Group posting them on the Site, sending them to you through email or postal mail or notifying you via other means required by law. Fitness Marketing Group will use the contact information provided to it by you. If you do not provide Fitness Marketing Group with accurate information to contact you, Fitness Marketing Group will not be held liable if it fails to notify you.
You consent to receiving any notices regarding these Terms of Service, the Fitness Marketing Group Site, the Fitness Marketing Group Services or any notice required by law, including notice of any breach of security involving your personally identifiable information, by posting them on the Site or by notifying through email or postal mail.
Notice and Takedown Procedures; Copyright Agent
If you believe any materials accessible on or from the Fitness Marketing Group Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting Fitness Marketing Group’s copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) email address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Fitness Marketing Group’s agent for copyright issues is as follows:
Fitness Marketing Group
Attn: Legal Department
182 Greystone Lane
Sunrise Beach, Missouri 65079
In an effort to protect the rights of copyright owners, Fitness Marketing Group maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Fitness Marketing Group Site who are repeat infringers.
Complete Agreement
Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use and the Fitness Marketing Group Privacy Policy constitute the entire agreement between you and Fitness Marketing Group with respect to the use of the Fitness Marketing Group Content.
Thank you for your cooperation. Questions or comments regarding this website should be submitted to:
Fitness Marketing Group
Attn: Operations
182 Greystone Lane
Sunrise Beach, Missouri 65079