Terms Of Service

The following terms and conditions (“Terms”) govern all use of the FitUser.com website and all content, services, and products available at or through the website, including, but not limited to, FitUser.com and Fit User Mobile App,  (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Fit User’s Privacy Policy, and procedures that may be published from time to time by Fit User (collectively, the “Agreement”). You agree that we may automatically update changes to our Services, and these Terms will apply to any updates – however, we will make an effort to communicate these updates via e-mail if you are subscribed to our e-mail list (currently available by Requesting an Invite to Fit User Mobile App).

All commercial services and goods by Fit User, FitUser.com, and Fit User Mobile App, are valid and to be provided and conducted within the United States only. Any other non-commercial products and services provided by Fit User, FitUser.com, or Fit User Mobile App, are available for use. The use of any or all of our Services, commercial or non-commercial are subject to this Agreement.

We refer to Fit User LLC collectively as “Fit User” or “we” throughout this agreement.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Fit User, acceptance is expressly limited to these Terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).

 1. FitUser.com.

Any information that is provided to FitUser.com, such as, e-mail (required for requesting an invite to Fit User Mobile App) or Name (not required) through our “Contact US” form is primarily and only used to communicate, to the personal owner’s of that information, their interests in our services and/or products. Please refer to our Privacy Policy for details.

2. Fit User App

Currently, the Fit User Mobile App only supports iOS devices. Please review our Terms Of Service agreement for the Fit User App in detail at https://www.fit-user.com/app-tos.

 3. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

4. Disclaimer of Warranties.

**Our Services are provided “as is.” Fit User and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Fit User nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.**

 5. Limitation of Liability.

**In no event will Fit User, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Fit User under this Agreement during the twelve (12) month period prior to the cause of action. Fit User shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.**

 6. General Representation and Warranty.

You represent and warrant that your use of our Services:

* Will be in strict accordance with this Agreement;

* Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and

* Will not infringe or misappropriate the intellectual property rights of any third party.

 7. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Fit User reserves the right to terminate accounts or access of those in the event of a breach of this condition.

 8. Indemnification.

You agree to indemnify and hold harmless Fit User, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

 9. Miscellaneous.

This Agreement constitutes the entire agreement between Fit User and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fit User, or by the posting by Fit User of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Fit User may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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