These terms and conditions (“Agreement”) govern your use of the FitCoachPro.net website (the “Website”), including all content, services and features available through the Website. By using the Website, you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not use the Website.
1. Use of Website
FitCoachPro grants you a limited, non-exclusive, non-transferable license to use the Website for your personal, non-commercial use. You may not use the Website for any illegal or unauthorized purpose. You agree to comply with all applicable laws regarding your use of the Website.
All content on the Website, including text, graphics, logos, images, audio clips, and software, is the property of FitCoachPro or its content suppliers and is protected by United States and international copyright laws. You may not reproduce, modify, distribute, or display any portion of the Website without the prior written consent of FitCoachPro.
3. User Content
You are solely responsible for any content that you post, upload, or submit to the Website, including text, images, videos, and other materials (“User Content”). You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize FitCoachPro to use your User Content as necessary to operate the Website.
4. Prohibited Activities
You may not use the Website for any illegal or unauthorized purpose, or to transmit any material that is unlawful, defamatory, libelous, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable. You may not interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
5. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, SERVICES, AND FEATURES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY. FitCoachPro DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
6. Limitation of Liability
IN NO EVENT SHALL FitCoachPro BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.
You agree to indemnify, defend, and hold harmless FitCoachPro and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Website or your breach of this Agreement.
8. Changes to this Agreement
FitCoachPro reserves the right to modify this Agreement at any time. Your continued use of the Website after any such modifications constitutes your acceptance of the modified Agreement. It is your responsibility to review the Agreement periodically for any updates or changes.
FitCoachPro may terminate your access to the Website, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts located in San Francisco County, Oklahoma, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
11. Entire Agreement
This Agreement constitutes the entire agreement between you and FitCoachPro regarding the use of the Website and supersedes all prior agreements between you and FitCoachPro. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
12. Contact Information
If you have any questions about this Agreement or the Website, please Contact Us.