Terms of Use Agreement

1. Acceptance of Terms of Use. Getfitsource.com, Inc.. (“getfitsource.com”) provides its on-line services and web site to you, the User, subject to this Terms of Use Agreement (“Agreement”).  Please read this Agreement carefully.  By registering as a User (“User”), User agrees to abide by this Agreement.  User represents and warrants that User is at least 18 years of age.
2. Modifications.  Please note that getfitsoure.com may change the terms of this Agreement at any time without notice and such changes  will be effective on the date that such modified terms are posted on the web site.  Access to or use of the web site by the User after such changes have taken effect constitutes acceptance of all changes.
3. Privacy.  Please read our Privacy Policy.  Our Privacy Policy governs your visit to and use of the web site.
4. On-line Services and Disclaimer of Warranty.  The getfitsource.com web site provides on-line resources.  Any new services, resources or informational content added to the web site are included under the terms of this Agreement.  The on-line resources and informational content on this web site (“Content”) is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY OF INFORMATIONAL CONTENT.  You should not assume that the Content of the web site is continuously updated or otherwise contains correct information.  Additionally, we do not represent  or warrant that this or any web site to which ours may be linked, will be accessible or available on a timely basis or that access to same will be uninterrupted or error free.  getfitsource.com assumes no responsibility for any  loss suffered by any User of this web site.
5. Copyright and Trademarks.  getfitsource.com authorizes you to view the material on the web site solely for your personal, noncommercial use.  This authorization does not include any resale or commercial use of this web site or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this web site or its Contents; or any use of data mining, harvesting, robots, or similar data gathering and extraction tools, without the written consent of getfitsource.com. This web site or any portion of this web site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the written consent of getfitsource.com.  You may not use any meta tags or any other similar means utilizing getfitsource.com’s name or trademarks without the written consent of getfitsource.com. Any unauthorized use terminates the permission or license granted by getfitsource.com.

   The Content (including all text, graphics, logos, icons, images, video, audio clips, downloads, data and software) and all compilations of content is protected by copyright under both United States and foreign laws and is the property of getfitsource.com or its licensors or suppliers.  Title to the Content remains with getfitsource.com or its licensors or suppliers.  Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of getfitsource.com. All rights not expressly granted herein are reserved to getfitsource.com and its licensors.

   getfitsource.com, its tradename, marks, logos and other marks indicated on our web site are trademarks of getfitsource.com. or its subsidiaries, in the United States and other countries, and other getfitsource.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of getfitsource.com. or its subsidiaries. getfitsource.com’s trademarks and trade dress may not be used in connection with any product or service that is not getfitsource.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits getfitsource.com. All other trademarks not owned by getfitsource.com or its subsidiaries that appear on this web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by getfitsource.com or its subsidiaries.

   If you violate any of the provisions of this Agreement, your permission to use the Content and web site automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

6. Registration.  Certain areas of the getfitsource.com web site are provided solely to registered Users of the web site.  Any User registering for such services agrees to provide true and accurate information during the registration process.  getfitsource.com reserves the right to terminate the access of such Users should getfitsource.com know, or have reasonable grounds to suspect, that a User has entered false or misleading information during the registration process.  ALL REGISTERED USERS MUST BE OF LEGAL AGE TO REGISTER.  Children under the age of 18 shall not be permitted to register unless under the strict supervision of a legal guardian.  getfitsource.com reserves the right to require valid credit card information as proof of legal age.
7. User Account.  Users will select a username and password upon completing the registration process.  Users are fully responsible for maintaining the confidentiality of their account, username and password and for restricting access to their computer.  The User accepts responsibility for all activity conducted under the User’s account.  Users grant getfitsource.com and all other persons or entities involved in the operation of the web site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the web site.  User agrees to immediately notify getfitsource.com at info@getfitsource.com should User know, or have reasonable grounds to suspect, that the username and password have been compromised.  getfitsource.com shall not be responsible for User’s failure to abide by this Paragraph.
8. Information Supplied By Users.  When a User visits getfitsource.com or sends e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this web site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or by posting on the web site satisfy any legal requirement that such communications be in writing.
9. Risk Of Loss.  All items purchased from getfitsource.com are shipped by third parties.  User agrees that the risk of loss and title for such items pass to you upon our delivery to the shipping carrier.
10. Product Descriptions.   All information, specifications and illustrations contained in these web pages are based on the latest product information available at the time of publication.  getfitsource.com reserves the right to make changes at any time, without notice, in colors, prices, materials, equipment, specifications and models, and is not responsible for typographical errors. getfitsource.com does not warrant that product descriptions or other Content of this web site is accurate, complete, reliable, current, or error-free. If a product offered by getfitsource.com is not as described, User’s sole remedy is to return it in unused condition.  See our Return Policy.
11. Pricing and Terms.  All sales are subject to our Return Policy.  With respect to items sold by getfitsource.com, we cannot confirm the price of an item until you order; however, getfitsource.com will charge your credit card when your order is processed.
12. No Medical Advice.  The contents of the getfitsource.com web site, such as text, graphics, images, video, information obtained from getfitsource.com’s licensors, and other Content are for informational purposes only and is not intended as medical advise nor should it be used for diagnosis or treatment. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the getfitsource.com web site.

    If you think you may have a medical emergency, call your doctor or 911 immediately. getfitsource.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the web site. Reliance on any information provided by getfitsource.com, getfitsource.com employees, others appearing on the web site at the invitation of getfitsource.com, or other visitors to the web site is solely at your own risk.

13. Subscription Services.  If you choose to subscribe to one of getfitsource.com’s subscription services, such as e-mail newsletters (collectively, the “Subscription Services”), additional terms and conditions will apply depending on which service you choose.  You are using the Subscription Services at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.
14. Credit Card Payments.  You are responsible for providing a valid credit card number at the time you register for certain Subscription Services or purchase any products. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account or any purchase of products at the prices then in effect, including any unauthorized charges incurred prior to your notifying getfitsource.com of such charges. You agree that getfitsource.com may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services or products.  You are responsible for payment of any applicable state, local and city taxes.  getfitsource.com reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time which shall be effective once posted on the getfitsoure.com web site.
15. Indemnity.  You agree to indemnify and hold getfitsource.com, and its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, representatives, subcontractors and information providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the web site, your connection to the web site, your violation of this Agreement, or your violation of any rights of another or any content you submit, post, transmit or make available through the web site.
16. No Resale.  User agrees not to reproduce, copy, duplicate, or sell any portion of the getfitsource.com web site.
17. Limits and Modifications.  getfitsource.com may establish without notice limits on the use of its web site, including the maximum number of times Users may post to or participate in the on-line communities, or to the number of times Users may access the getfitsource.com web site.  getfitsource.com reserves the right to modify any and all portions of the getfitsource.com web site without notice.  Under no circumstances shall getfitsource.com be liable to User or any other party for such limits or modifications.
18. Termination of User Account.  getfitsource.com may, at its sole discretion, terminate the User’s account for any reason.  Under no circumstances shall getfitsource.com be liable to User or any other party for such termination of User’s account.
19. Third Party Advertisers.  getfitsource.com may allow third party advertisers to advertise on the getfitsource.com web site.  getfitsource.com takes no responsibility for User’s dealings with, including any on-line or other purchases from, any third party advertisers.  getfitsource.com shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
20. Hyperlink Policy.  The web site may contain links to third party web sites.  These links are provided solely as a convenience to you and not as an endorsement by getfitsource.com of the contents, products, services or information on such third-party web sites.  Getfitsource.com is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of materials on such third party web sites.  If you decide to access linked third-party web sites, you do so at your own risk.
21. Limitation of Liability.  YOU UNDERSTAND AND AGREE THAT GETFITSOURCE.COM (INCLUDING ITS SUBSIDIARIES, SUPPLIERS, LICENSORS, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND INFORMATION PROVIDERS)  IS NOT LIABILE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF BUSINESS, LOSS OF PROFITS OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES ARISING OUT OF THE USE OF THE WEB SITE, ITS CONTENT, OR CONTENT OR INFORMATION PROVIDED ON THE WEB SITE OR ON WEB SITES ACCESSED THROUGH THE WEB SITE,  WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.  GETFITSOURCE.COM’S MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, (A) RELATING TO YOUR USE OF THE WEB SITE OR THE CONTENT SHALL BE LIMITED TO DISCONTINUING USE OF THE WEB SITE AND A REFUND OF THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY) AND (B) REGARDING PRODUCTS PURCHASED, TO RETURN THE PRODUCTS IN ACCORDANCE WITH THE RETURN POLICY.

    getfitsource.com, and its suppliers, licensors, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, representatives, subcontractors, and information providers are not liable for any personal injury, including death, caused by your use or misuse of the web site or Content, including reliance on any of the information contained on the web site and the use of the products sold.   Any claims arising in connection with your use of the web site or, any Content, or products purchased must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.

22. Disputes.  Any dispute relating in any way to your visit to getfitsource.com, this Agreement or to products you purchase through getfitsource.com shall be submitted to confidential arbitration in Houston, Texas, except that, to the extent you have in any manner violated or threatened to violate getfitsource.com’s intellectual property rights, getfitsource.com may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator may award legal fees and costs to the prevailing party as part of its decision.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
23. General.  Except as provided in a particular legal notice or disclaimer on the web site, this Agreement constitutes the entire agreement between you and getfitsource.com and governs your use of the getfitsource.com web site.  This Agreement shall be governed by the laws of the State of Texas.  User agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of  Harris in the State of Texas.

    The failure of getfitsource.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.  If any provision of this Agreement is found by the 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 the Agreement remain in full force and effect. Violations.  Please report any known or suspected violations of this Agreement, including any suspected copyright or trademark violations, to support@getfitsource.com.