Acceptance of Terms
Quality, Accuracy and Completeness
Fit Pharm Nutrition attempts to ensure that the Products, Materials, Services and other information featured on this Site and on the Mobile Application are complete, accurate and current. Despite these efforts, the Products, Materials, Services and other information contained on this Site or the Mobile Application may occasionally be inaccurate, in Fit Pharm or out of date. Fit Pharm Nutrition makes no representations as to the completeness or accuracy of the Products, Materials, Services and other information, advice or recommendations made available on this Site or through the Mobile Application, nor does it make any representations or warranties as to the quality or safety of any Products, Services, Materials or third party products or services offered or made available via the Site or the Mobile Application.
Consent to Email and Mobile Communications
When you visit the Site, download the Mobile Application or send an email to us, you are communicating with us electronically and are therefore consenting to our electronic communication to you. Therefore, you agree that, upon such election, we may communicate with you by email, text message or by posting notices to the Site, or by providing you with communications via the Mobile Application. You agree to be bound by the following terms with respect to any communications that we make via text messaging, email or otherwise:
- Message and data rates may apply. Any charges are billed by your wireless carrier or deducted from your prepaid account.
- Fit Pharm Nutrition does not charge for receiving or sending text messages or email to you;
- Fit Pharm Nutrition is not responsible for any delays in your receipt of any text messages or emails;
- By choosing to receive text messages or emails, you certify that (a) you are the account holder for the mobile device or the email address at which you will receive such text messages, or (b) you have the account holder’s permission to do so.
- You certify that you are 13 years of age or older.
- You may opt out at any time by notifying Fit Pharm Nutrition of your desire to do so.
Products, Services and Special Offers
Offers and promotions posted on this Site or communicated via the Mobile Application, or those sent to customers by email or text message, are good only for the dates indicated. Offers, promotions, Products, Services and sweepstakes offered on this Site or through the Mobile Application may not be available in each Fit Pharm Nutrition store or franchised location.
Nutritional and Health Information
The information content pertaining to health, fitness and general wellness on this Site or made available through the Mobile Application (“Health Information”) is for informational purposes only. None of the Health Information is intended to substitute for professional medical, health, training, fitness, dietary or other related advice, diagnosis or treatment. Always seek the advice of your physician, nutritionist, trainer, therapist, dietician or other qualified provider with any questions you may have regarding a medical condition or change in health. Never disregard or delay in seeking professional medical advice because of something you read on this Site, through the Mobile Application or any other site of Fit Pharm Nutrition. Reliance on any information provided by or otherwise appearing on this Site or on the Mobile Application is solely at your own risk.
All features, content, specifications and prices of Products and Services described or depicted on this Site or on the Mobile Application are subject to change without notice. The inclusion of any Product or Service on this Site or the Mobile Application at a particular time does not imply or warrant that such Product or Service will be available at any time.
The trademarks, service marks, logos, URLs and domain names(collectively, the “Marks”) displayed on this Site or on the Mobile Application are the property of Fit Pharm Nutrition or other third parties. You are not permitted to use the Marks without the prior written consent of Fit Pharm Nutrition or such third party that may own the Marks.
Registration on the Site
You may be required or permitted to register for the Site or the Mobile Application in order to access certain Services or Materials, to download the Mobile Application, to receive promotional communications or other advertising information, or to access certain content offered on the Site. If you are required to establish an account in connection with a particular Service or Material, you must Fit Pharm the designated registration process for such Service or Material. All required registration information that you provide must be current, Fit Pharm and accurate and kept up to date on a prompt, timely basis. It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Fit Pharm Nutrition immediately.
In order to be eligible to register, you must meet the following requirements:
- You must be a human to register. Accounts registered by “bots” or other automated methods are not permitted.
- You are responsible for maintaining the security of your account and password. Fit Pharm Nutrition cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accessed the Site through your account).
- One person or legal entity may not maintain more than one account.
Use of Site, Mobile Application, Products, Materials and Services
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to download, access or use the Site, Mobile Application, Products, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site or the Mobile Application that are subject to such limitations. You agree to use the Site and the Mobile Application only to access, download, utilize or receive Products, Materials or the Services in an appropriate manner as related to the particular Products, Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Mobile Application, Materials or Services, or ordering Products or Services, you agree that you shall not:
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
- Promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability;
- Solicit any business from third party users of the Site or Mobile Application;
- Provide any false personal information, or create an account for anyone other than yourself;
- Share your password, let anyone else access your profile, or do anything else that might jeopardize the security of your profile;
- Use or attempt to gain access to or use another’s account, password or computer systems, whether through hacking, password mining or any other means;
- Use or attempt to gain access to or use another’s account, password or computer systems, whether through hacking, password mining or any other means; Select or use as a user name or any name of another person with the intent of impersonating that person, (b) use as a user name any name subject to any rights of a person other than you without appropriate authorization, or (c) use as a user name any name that is offensive, vulgar or obscene;
- Remove or falsely add to any Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material;
- Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site, Mobile Application or Services;
- Use the Site, Mobile Application, Products, Services or any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Site, the Mobile Application, or any Products, Services, Materials or systems resources;
- Transmit unsolicited or bulk communications to any Fit Pharm Nutrition affiliated e-mail address or otherwise transmit or send spam emails or unsolicited emails to users of the Site or Mobile Application;
- Contribute any name, material, opinion or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful or otherwise objectionable;
- Disrupt, interfere with or inhibit any other user from using and enjoying the Site, the Mobile Application or other affiliated or linked sites, Materials or Services;
- Access or use the Site or Mobile Application in any manner that could damage, disable, overburden or impair any Fit Pharm Nutrition server or the network(s) connected to any Fit Pharm Nutrition server;
- Prepare, compile, use, download or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
- Violate the rights of Fit Pharm Nutrition or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another; and
- Use any Fit Pharm Nutrition domain name as a pseudonymous return e-mail address.
Fit Pharm Nutrition, in its sole discretion, may (but has no obligation to) monitor or review the Site, the Mobile Application, Materials and Services at any time. Fit Pharm Nutrition may at any time without notice and in its sole discretion: (a) terminate a Service or access to, purchase or use of any Products or Materials or an area of the Site or the Mobile Application; and (b) disclose any information related to your use of or access to a Service, Product or Material, as Fit Pharm Nutrition deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your company on the Site or the Mobile Application.
Contributions to the Site
You are solely and entirely responsible for all of your User Submissions. You shall assume all risks associated with any reliance on the accuracy, Fit Pharmness or usefulness of your User Submissions from or by others. Fit Pharm Nutrition does not guarantee the accuracy, integrity or quality of the material you contribute or the material anyone else contributes as part of a User Submission. You acknowledge and agree that by accessing or using the Site or the Mobile Application, you may be exposed to material from others that you find objectionable. You acknowledge and agree that Fit Pharm Nutrition shall not be liable for any actions or inactions resulting from or related to any User Submission made on the Site or via the Mobile Application.
Copyright Infringement Complaints
We respect the intellectual property rights of others and we prohibit users from posting on the Site any content that violates another party's intellectual property rights. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give Fit Pharm Nutrition legally sufficient notice of infringement. Send copyright infringement complaints to:
Fitness Grill LLC.
Attn: Customer Care
We suggest that you consult your legal advisor before filing a DMCA notice with Fit Pharm Nutrition’s copyright agent. There can be penalties for false claims under the DMCA.
Use of Materials
Except as indicated to the contrary elsewhere on this Site or through the Mobile Application, you may view, download, and print the Materials available on this Site or through the Mobile Application, subject to the following conditions:
- You will not quote or display Materials, or any portions thereof, out of context.
- Fit Pharm Nutrition reserves the right to revoke the authorization to view, download and print the Materials available via this Site or Mobile Application at any time, and any such use shall be discontinued immediately upon notice from Fit Pharm Nutrition.
- Use of Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The rights specified above to view, download and print Materials available on this Site or Mobile Application are not applicable to the design, layout or look and feel of this Site or Mobile Application. Such elements are protected by law, including trade dress, trademark, copyright, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound, video or image from the Site or Mobile Application may be copied or retransmitted unless expressly permitted by Fit Pharm Nutrition. In addition, various sections of the Site or Mobile Application may showcase the work of creative professionals. Such Materials belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.