This agreement is a legally binding contract. It may change as the service changes, and you agree you will review it and any updates regularly.
Binding Agreement
These Terms constitute a binding agreement between you and Allison Lambert “The Fit Tutor” and its affiliates and subsidiaries (“Allison Lambert,” “we,” “us”). “You” and “users” shall mean all visitors to The Fit Tutor. You accept these Terms each time you access The Fit Tutor.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE, OR CEASE YOUR USE OF, THE SERVICES.
Revisions to Terms
We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of The Fit Tutor after a change to these Terms constitutes your binding acceptance of these Terms.
“The Fit Tutor” means any website, mobile application, or Internet service under Allison Lambert’s control, whether partial or otherwise, in connection with providing the services provided by Allison Lambert. The Fit Tutor provides an online platform that helps women learn how to exercise.
Eligibility
In order to use The Fit Tutor, you must:
be at least eighteen (18) years old and able to enter into contracts;
complete the registration process;
agree to the Terms; and
provide true, complete, and up to date contact information.
Notice to Parents and Guardians: You are responsible for monitoring and supervising your child’s use of the The Fit Tutor. If your child is using the The Fit Tutor is under 18, please contact us immediately so that we can disable his or her access.
License
The Fit Tutor grants you a limited, non-exclusive license to access and use the The Fit Tutor for your own personal, non-commercial purposes. This includes the right to view content available on the The Fit Tutor. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by The Fit Tutor in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the The Fit Tutor. Nor will you take any measures to interfere with or damage the The Fit Tutor. All rights not expressly granted by The Fit Tutor are reserved.
Membership and Account
You are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on The Fit Tutor.
You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the The Fit Tutor. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately at support@thefittutor.com.
Pricing Terms
The Fit Tutor reserves the right to charge fees for your use of the Services, as described during the account registration process or when making changes to your account plan (“Fees”). You agree to pay such Fees in accordance with the terms set forth in such account registration or change to account plan.
Canceling Your Account
Your Fit Tutor account will continue in effect unless and until you cancel your account or we terminate it. You must cancel your account before it renews each month or year in order to avoid billing of the next month’s or year’s fees to your credit card. The Fit Tutor will bill the monthly or yearly fees associated with your Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
The Fit Tutor Accounts are prepaid and are non-refundable. THE FIT TUTOR DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your THE FIT TUTOR Account at anytime, and cancellation will be effective immediately. If you wish to cancel your Account you may do so via your “Account” page. Should you elect to cancel your Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.
By signing up for The Fit Tutor and providing The Fit Tutor with your payment account information, you hereby agree to these payment terms and conditions.
Limitations of Liability
In no event shall The Fit Tutor be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.
Professional Advice Disclaimer/Medical Disclaimer/Disclaimer of Warranties
Professional Advice Disclaimer
THE FIT TUTOR SITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS OR NUTRITIONAL PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE FIT TUTOR SITE. THE USE OF ANY INFORMATION PROVIDED ON THE FIT TUTOR SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE FIT TUTOR SITE OR AVAILABLE THROUGH ANY OF THE FIT TUTOR SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THE FIT TUTOR SITE IS CONTINUALLY UNDER DEVELOPMENT AND THE FIT TUTOR MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE FIT TUTOR SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
Medical Disclaimer
In becoming a Member of The Fit Tutor with the intent of using The Fit Tutor Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of The Fit Tutor.
If applicable, You further affirm that (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of The Fit Tutor.
The Fit Tutor reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions.
Disclaimer of Warranties
You use The Fit Tutor at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF The Fit Tutor IS AT YOUR SOLE RISK, AND The Fit Tutor IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON The Fit Tutor, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) The Fit Tutor WILL MEET YOUR REQUIREMENTS, (ii) The Fit Tutor WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF The Fit Tutor WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON The Fit Tutor WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN The Fit Tutor WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF The Fit Tutor IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Results Disclaimer
Results will vary depending on how often you exercise, your nutrition, genetics, health conditions, and many other factors. Claiming you will see results is based on exercise research and data, but may not apply to every exerciser. By continuing to participate you understand that results will vary and what other exercisers experience and what The Fit Tutor says should happen by following a plan may not happen for you. Seek counsel from your medical health professional if you are concerned about not losing weight.
Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that any material hosted by The Fit Tutor infringes your copyright, you or your agent may send to The Fit Tutor a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered adequate notice and will not be judged as so without providing The Fit Tutor actual examples or knowledge from which infringing material or acts are evident. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work that you claim has been infringed;
Identification of where the material that you claim is infringing is located on the The Fit Tutor website;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number and, if available, your email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
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.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
All information contained within this website is the property of The Fit Tutor and is not to be used without written authorization from the owner. All product names and trademarks mentioned in any part of the website belong to their respective owners.
Jurisdictional Issues.
The Fit Tutor makes no representation or warranty that the content and materials on the Sites or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. The Fit Tutor reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
Termination of Service
We reserve the right to terminate your account at any time. You also have the option of canceling your account at any time without penalty. In the event of account cancellation you will lose all data related to your account.
General Terms
These Terms constitute the entire agreement between you and Allison Lambert concerning your use of The Fit Tutor. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
Conditions
We may modify or terminate our services at anytime, for any reason, and without notice. We reserve the right to modify these Terms of Service at any time without notice. Please review these Terms of Service on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party’s intellectual property or these Terms of Service. An account terminated by The Fit Tutor will not be backed-up for any reason and will be immediately deleted from our servers.
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Use. We use your Private Information to provide the Services to you; send you notification of updates to the Services; send you marketing communications such as email (unless you choose to stop our email newsletter or marketing emails by following the unsubscribe instructions included in these emails); and if you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
Third-party services. We may share or collect your Private Information with its third party service providers, including companies that assist with payment processing, business analytics, data processing, account management, and other services. We require these companies to not use your Private Information themselves nor share it with another party not under a similar contract to provide service to us, but only use your Private Information for the specific services we have requested for us or on your behalf. We will ensure that any such third party will adhere to the obligations no less protective of your Private Information than this Privacy Policy.
Cookies. You consent to the use of cookies, web beacons, and log file information to: (i) operate the Services, (ii) store information so that you will not have to re-enter it during your visit or the next time you use the Services; (iii) provide custom, personalized content and information; (iv) monitor the effectiveness of our marketing campaigns; (v) monitor aggregate metrics such as total number of visitors and pages viewed; and (vi) track your entries, submissions, and status in promotions, sweepstakes, and contests. If you are logged in to your account, we may associate the Private Information with your account.