Terms Of Service

F.I.T LV Terms of Service

F.I.T LV FITNESS & NUTRITION ("F.I.T LV") OFFERS FITNESS, NUTRITIONAL, HEALTH AND WELLNESS INFORMATION FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.  USE OF TERMS SUCH AS "WE" AND "OUR" REFERS TO F.I.T LV FITNESS & NUTRITION FOUNDED BY KRISTI VACCARO, LLC (“COMPANY”).  THIS TERMS OF SERVICE (“TERMS”) CONSTITUTES A LEGALLY BINDING AGREEMENT ENTERED INTO BY AND BETWEEN COMPANY AND THE INDIVIDUAL (THE "USER(S)", “YOU”) USING OR ACCESSING THIS WEBSITE, WWW.FITLVFITNESS.COM (THE “SITE”), CONTENT, STREAMING SERVICES, PROGRAMMING, PRODUCTS, GOODS, SERVICES, PROMOTIONS, SOFTWARE, TECHNOLOGY AND ANY OTHER MATERIALS PROVIDED BY KRISTI VACCARO, LLC (COLLECTIVELY, THE “SERVICES”).  

THE SERVICES ARE NOT TARGETED AT MINORS, AND MINORS MAY NOT USE THE SERVICES OFFERED WITHOUT THE CONSENT OF A PARENT OR GUARDIAN. BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY AND MEET ALL THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL THESE REQUIREMENTS, DO NOT ACCESS OR USE THE WEBSITE.

ALL TERMS ARE SUBJECT TO CHANGE, WITH OR WITHOUT NOTICE, AND WILL BE POSTED TO THIS TERMS OF SERVICE. BY VISITING THE SITE YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH BELOW, PLEASE REFRAIN FROM USING OR ACCESSING ANY COMPANY WEBSITE OR SERVICE.

PRIVACY POLICY. YOUR USE OF THE SERVICE IS SUBJECT TO OUR PRIVACY POLICY, WHICH ALSO GOVERNS THE SERVICE AND INFORMS USERS OF OUR DATA COLLECTION PRACTICES. YOUR AGREEMENT TO THE PRIVACY POLICY IS HEREBY INCORPORATED INTO THIS TERMS OF SERVICE.

TERMINATION. WE MAY TERMINATE OR SUSPEND ACCESS TO OUR SERVICE IMMEDIATELY, WITHOUT PRIOR NOTICE OR LIABILITY, FOR ANY REASON WHATSOEVER, INCLUDING WITHOUT LIMITATION IF YOU BREACH THE TERMS. ALL PROVISIONS OF THE TERMS WHICH BY THEIR NATURE SHOULD SURVIVE TERMINATION SHALL SURVIVE TERMINATION, INCLUDING, WITHOUT LIMITATION, OWNERSHIP PROVISIONS, WARRANTY DISCLAIMERS, INDEMNITY AND LIMITATIONS OF LIABILITY.

SUBSCRIPTIONS. SOME PARTS OF THE SERVICES ARE OFFERED FOR SALE AND BILLED ON A SUBSCRIPTION BASIS. YOU WILL BE BILLED THE RATE STATED AT THE TIME OF PURCHASE, EVERY MONTH FOR THE DURATION/COMMITMENT CHOSEN.

PAYMENTS. PAYMENT IS DUE BEFORE SERVICES BEGIN. IF THERE ARE OUTSTANDING PAYMENTS DUE, SERVICES WILL CEASE WHILE THE PAYMENT IS OUTSTANDING. CLIENT WILL BE NOTIFIED VIA EMAIL, TEXT, CALL OR MESSAGE IF THERE IS A PAYMENT ERROR. IF CLIENT IS ON A PAYMENT PLAN, CLIENT IS RESPONSIBLE FOR KEEPING THE CREDIT CARD USED UP TO DATE.

REFUND POLICY.

• RECURRING PROMOTIONAL SUBSCRIPTIONS:  YOU WILL BE CHARGED THE RECURRING PROMOTIONAL RATE STATED AT THE TIME OF PURCHASE, EVERY MONTH FOR THE DURATION/COMMITMENT CHOSEN. SHOULD YOU TERMINATE YOUR COMMITMENT EARLY, YOUR CURRENT BILLED MONTH IS NON-REFUNDABLE AND YOU WILL BE CHARGED 50% OF THE TOTAL REMAINING BILLING CYCLES.
• ALL OTHER PURCHASES: YOU WILL BE CHARGED A ONE-TIME NON-REFUNDABLE RATE AS STATED AT THE TIME OF PURCHASE.    

OWNERSHIP OF MATERIALS AND COPYRIGHT. ALL CURRENT AND FUTURE MATERIALS, PROCESSES, DATA, CONTENT, PROGRAMS, ALL OTHER INTELLECTUAL PROPERTY PROVIDED TO YOU ON THE SITE AND SERVICES REMAIN AT ALL TIMES THE SOLE INTELLECTUAL AND PROPRIETARY INFORMATION OF COMPANY.

COMPANY OFFERS VARIOUS PROGRAMS AND ASSOCIATED MATERIAL FOR SALE ON THE SITE. EXCEPT AS OTHERWISE PROVIDED, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO RIGHT TO MODIFY, EDIT, COPY, REPRODUCE, CREATE DERIVATIVE WORKS OF, REVERSE ENGINEER, ALTER, ENHANCE OR IN ANY WAY EXPLOIT THE PROGRAM AND MATERIAL IN ANY MANNER. BY PURCHASING A PROGRAM, COMPANY GRANTS YOU A LIMITED, PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO USE OUR PROGRAMS AND ASSOCIATED MATERIAL FOR YOUR SOLE PERSONAL USE. YOU AGREE YOUR PURCHASE IS FOR PERSONAL USE ONLY, AND YOU MAY NOT SELL, REDISTRIBUTE OR OFFER ANY COMPETING PRODUCTS OR SERVICES BASED UPON THE INFORMATION CONTAINED IN THE PROGRAM AND ASSOCIATED MATERIAL.

LINKS TO OTHER WEB SITES. OUR SERVICES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES OR SERVICES THAT ARE NOT OWNED OR CONTROLLED BY COMPANY. COMPANY ASSUMES NO RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD PARTY WEBSITES OR SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITES OR SERVICES. THIS WEBSITE IS HOSTED BY SQUARESPACE AND IS SUBJECT TO SQUARESPACE’S TERMS OF USE AND PRIVACY POLICY.

DISCLAIMER AND LIMITATION OF LIABILITY. THIS PROGRAM AND WEBSITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE USE OF ANY INFORMATION PROVIDED BY THE SITE AND SERVICES ARE SOLELY AT YOUR OWN RISK.  NOTHING STATED ON THE SITE AND/OR SERVICES IS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. DO NOT UNDERTAKE ANY PHYSICAL ACTIVITY OR NUTRITIONAL ADJUSTMENTS WITHOUT CONSULTING WITH YOUR DOCTOR. EXERCISE CAN RESULT IN INJURY. IF YOU CHOOSE TO PARTICIPATE IN ANY ACTIVITY DISCUSSED OR DEPICTED ON THIS SITE AND/OR THE SERVICES, YOU DO SO AT YOUR OWN RISK AND ASSUME THE LIABILITY FOR ANY INJURY SUSTAINED OR ANY DAMAGE CAUSED TO YOUR PROPERTY.

COMPANY DOES NOT WARRANTY OR GUARANTEE THAT ANY PARTICULAR OUTCOME, RESULT, OR GOAL(S) WILL BE ACHIEVED. THOUGH COMPANY PROVIDES EDUCATIONAL AND INFORMATIONAL RESOURCES INTENDED TO HELP YOU SUCCEED, SUCCESS OR FAILURE WILL DEPEND ON YOUR EFFORTS, YOUR PARTICULAR SITUATION, AND COUNTLESS OTHER CIRCUMSTANCES BEYOND THE CONTROL OF COMPANY. YOU ALSO RECOGNIZE PRIOR RESULTS OR RESULTS BY OTHERS DO NOT GUARANTEE SIMILAR RESULTS.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY AND ITS PARTNERS, OFFICERS, DIRECTORS, CONSULTANTS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATING TO YOUR USE OR MISUSE OF THE SERVICES, THE SITE, INFORMATION LEARNED, YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY INDIVIDUAL OR ENTITY, AND/OR YOUR BREACH OF THIS AGREEMENT.

YOU AGREE TO HOLD HARMLESS COMPANY ITS AGENTS AND ASSIGNS FROM ANY INJURY SUSTAINED THROUGH USE OF THE INFORMATION IN THIS SITE AND THE SERVICES. ALWAYS FOLLOW THE ADVICE OF YOUR MEDICAL PROFESSIONAL BEFORE ENGAGING IN ANY EXERCISE OR NUTRITIONAL PROGRAM. BY CONTINUING TO USE THE SERVICES, PROGRAM, THE SITE AND INFORMATION CONTAINED HEREIN YOU AGREE TO ABIDE BY THE WEBSITE TERMS, CONDITIONS, PRIVACY POLICY, AND THIS RELEASE OF LIABILITY. BY PARTICIPATING YOU VOLUNTARILY GIVE UP SUBSTANTIAL LEGAL RIGHTS INCLUDING THE RIGHT TO SUE COMPANY. 

COMPANY WILL NOT BE/IS NOT LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, PERFORMANCE OR DELAY ON THE SITE OR SERVICES, OR FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF FAILING TO SEEK COMPETENT ADVICE FROM A MEDICAL PROFESSIONAL FAMILIAR WITH YOUR SITUATION. COMPANY WILL NOT BE/IS NOT LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL,INCIDENTAL, EQUITABLE, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGES OF ANY KIND RESULTING IN THE USE OR INABILITY TO USE THE SITE OR SERVICES, OR FROM TRANSACTIONS ENTERED INTO, OR COMMUNICATIONS RECEIVED, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S SITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON- INFRINGEMENT. THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF THE SERVICES FOR USE FOR YOUR PURPOSES, EXCEPT AS OTHERWISE PROVIDED HEREIN.

IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES FOR ANY REASON, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR SERVICES.

ARBITRATION. YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS, NOW OR IN THE FUTURE, ARISING OUT OF OR RELATING TO COMPANY. TO THE EXTENT THAT YOU ATTEMPT TO ASSERT ANY SUCH CLAIM, YOU HEREBY EXPRESSLY AGREE TO PRESENT SUCH CLAIM ONLY THROUGH BINDING ARBITRATION TO OCCUR IN LAS VEGAS, NEVADA. YOU FURTHER AGREE TO AND DO HEREBY WAIVE ANY RIGHT TO CLASS ARBITRATION AND AGREE, INSTEAD, TO CONDUCT AN ARBITRATION RELATED SOLELY TO ANY INDIVIDUAL CLAIMS YOU AND/OR ANY ENTITY RELATED TO YOU ASSERTS AGAINST COMPANY. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU FURTHER AGREE THAT YOU SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH INITIATING THE ARBITRATION AND FOR THE ADMINISTRATION OF THE ARBITRATION.

SEVERABILITY. IF ANY PROVISION OF THIS AGREEMENT IS ILLEGAL OR UNENFORCEABLE UNDER APPLICABLE LAW, THE REMAINDER OF THE PROVISION WILL BE AMENDED TO ACHIEVE AS CLOSELY AS POSSIBLE THE EFFECT OF THE ORIGINAL TERM AND ALL OTHER PROVISIONS OF THIS AGREEMENT WILL CONTINUE IN FULL FORCE AND EFFECT.

WAIVER. NO FAILURE TO EXERCISE ANY RIGHT OR ANY POWER HEREUNDER SHALL OPERATE AS A WAIVER THEREOF, NOR SHALL ANY SINGLE OR PARTIAL EXERCISE OF ANY RIGHT OR POWER HEREUNDER PRECLUDE FURTHER EXERCISE OF THAT OR ANY OTHER RIGHT HEREUNDER. IN THE EVENT OF A CONFLICT BETWEEN THIS AGREEMENT AND ANY APPLICABLE PURCHASE OR OTHER TERMS, THE TERMS OF THIS AGREEMENT SHALL GOVERN.

GOVERNING LAW. THIS AGREEMENT IS GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEVADA WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE.  ANY LEGAL SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APPLICATION OF IT SHALL BE INSTITUTED EXCLUSIVELY IN THE STATE OF NEVADA IN EACH CASE LOCATED IN CLARK COUNTY. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU AND TO THE VENUE.

CONTACT US: F.I.T LV FITNESS & NUTRITION: INFO@FITLVFITNESS.COM