Terms & Conditions
TERMS OF SERVICE
We welcome your feedback regarding the FPC website as well as our studio. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to FPC shall be and remain the exclusive property of FPC. Your submission of any such Comments shall constitute an assignment to FPC of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. FPC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.
For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
THESE TERMS OF SERVICE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEB SITE. BY ACCESSING, OR USING THE WEB SITE, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. FURTHERMORE, YOU MAY NOT ACCESS OR USE THE WEB SITE OR AC-CEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE WEB SITE.
You need to be healthy to participate in and should consult with a physician before beginning a new fitness program. You understand that physical exercise carries the risk of injury, physical or mental. You are solely responsible for exercising within your limits and seeking medical advice and attention as appropriate. If at any point during a workout you begin to feel faint, dizzy, or have physical discomfort, stop exercising immediately. The Content on this Web Site is intended solely for educational and entertainment purposes and may not be used as a substitute for professional advice and/or information, as circumstances will vary from person to person. NOTHING STATED OR POSTED ON THE WEB SITE OR IN THE CONTENT ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, MEDICAL OR PROFESSIONAL ADVICE, IT IS NOT SUBSTITUTE FOR MEDICAL OR PROFESSIONAL ADVICE. WE ARE NOT RESPONSIBLE FOR ANY INJURIES THAT RESULT FROM YOUR PARTICIPATION IN THE ACTIVITIES SHOWN IN OUR CONTENT. YOU PARTICIPATE AND USE THE CONTENT SOLELY AT YOUR OWN RISK. YOU EXPRESSLY WAIVE AND RELEASE ANY CLAIM THAT YOU MAY HAVE AT ANY TIME FOR INJURY OF ANY KIND AGAINST FPC, OR ANY PERSON OR ENTITY INVOLVED WITH FPC, INCLUDING WITHOUT LIMITATION ITS DIRECTORS, PRINCIPALS, INSTRUCTORS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES AND REPRESENTATIVES.
Our Content; Proprietary Rights
The name “FPC” and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered and/or common law trademarks, trade names, or trade dress of FPC in the U.S. and/or other countries. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion. We reserve all rights in or to such trademarks, trade names, or trade dress. We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.
If the Web Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, do not endorse them, and accept no responsibility for them or for any loss or damage that may arise from your use or access of them. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
If you choose to purchase a product or service offered on our Web Site, you will be asked to create an account and will be prompted to create your own unique user name and password. You must keep your account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account. You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms. We reserve the right to terminate your account at any time, in our sole discretion, for any reason.
Eligibility; Age Restriction
Our web site may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our Web Site only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through our Web Site. You represent and warrant that you are at least 18 years old, or that you are using our Web Site under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of our Web Site to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Web Site is revoked in such jurisdictions.
Payment Processing; Order Fulfillment
You may view the Content as it is provided on the website only. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our Web Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree to comply with all applicable laws in your use of our Web Site.
You shall not: • probe, scan, or test the vulnerability of any system or network; • breach or otherwise circumvent any security or authentication measures; • access, tamper with, or use non-public areas or parts of the Web Site or Content, or shared areas of the Web Site or Content you have not been invited to; • interfere with or disrupt any user, host, or network, for example by send-ing a virus, overloading, flooding, spamming, or mail-bombing any part of the Web Site and Content; • attempt to, or circumvent any protections used in connection with the Content on the Web Site, download, in whole or in part any Content provided on the Web Site; • modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the web site; • remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the web site or any content; • “frame” or “mirror” any portion of the web site, or link to any material other than via the homepage or the URLs provided by us to you for such purposes, without our prior written authorization; • use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the web site; or • harvest or collect information about or from users of the web site without their express consent and, if such consent is provided, only pursuant to applicable law, including “scraping,” which we do not allow.
Reporting Copyright Infringement
If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through our web site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the web site. The DMCA Notice of Alleged Infringement shall: 1. Identify the copyrighted work that you claim has been infringed. 2. Identify the material you claim is infringing and that is to be removed or disabled and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the web site where such material may be found. 3. Provide your mailing address, telephone number, and, if available, email address. 4. Include both of the following statements in the body of the notice: • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” • “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” 5. Provide your full legal name and your electronic or physical signature.
Deliver this notice, with all items completed, to our Designated Copyright Agent at:
Fit Pregnancy Club, LLC. 552 Broadway, 3rd Fl, New York, NY 10034 Email: firstname.lastname@example.org
OUR CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO OUR WEB SITE OR, SERVICES, WITHOUT LIMITATION, ANY WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTIES THAT THE WEB SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEB SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEB SITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEB SITE OR ITEMS OBTAINED THROUGH THE WEB SITE OR TO YOUR ACCESSING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEB SITE AT ANYTIME WITHOUT NOTICE.
Limitation of Liability
IN NO EVENT WILL FIT PREGNANCY CLUB, LLC., ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEB SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEB SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB SITE OR SUCH OTHER WEB SITES, INCLUDING ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCI-DENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR WEB SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEB SITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) $100.
You agree to defend, indemnify and hold harmless Fit Pregnancy Club, LLC. and its officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of any breach by you of any of these Terms or your violation of any law or the rights of a third party.
These Terms shall take effect on the date you first access or use our Web Site and accept them, and shall continue until terminated in accordance with these Terms. You agree that FPC, in our sole discretion, suspend, block, or terminate your access to all or part of our Web Site and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.You agree that any actions taken under this Section 12 may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
Governing Law; Jurisdiction
These Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) are governed by the laws of New York, without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms shall be instituted in any state court in Manhattan, New York or federal court in Manhattan, New York. Each party agrees to submit to the jurisdiction of, and agrees that the venue is proper in such courts in any such legal action or proceeding.
We reserve the right to make changes to these Terms at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review the-se Terms periodically to familiarize yourself with any modifications. Your continued use of our Web Site will require your acceptance of the amended Terms. By continuing to access and use our Web Site after those changes become effec-tive, you consent and agree to be bound by the revised Terms.
These Terms of Service are effective as of June 19, 2019
The material on this web site is provided for educational purposes only, and is not to be used for medical advice, diagnosis or treatment. See additional information. Use of this site is subject to our terms of service.