FIT TO EXIT
STUDENT TERMS AND CONDITIONS
Effective September 18th, 2020
Welcome to Fit to Exit!
The Fit to Exit online course, publications and materials made available online or offline (collectively, the “Fit to Exit Contents”) are provided by CPS Productions LLC, henceforth referred to as “Fit to Exit”, “we”, “us” or “our”. Fit to Exit operates fittoexit.com and fittoexit.mykajabi.com (collectively, the “Websites”).
Our contact information is:
CPS PRODUCTIONS, LLC
650 From Road
Paramus, NJ 07652
United States
[email protected]
Please read these Terms and Conditions (the “Terms”) carefully, and contact us if you have any questions. By purchasing or accessing any Fit to Exit Contents, you agree to be bound by these Terms, as well as the policies referenced in these Terms, including but not limited to the Terms of Use of Fit to Exit’s Websites and our Privacy Policy here: https://fittoexit.com/privacy-policy/
If you do not agree with any of these Terms, or the documents they refer to, you may not purchase or access the Fit to Exit Contents in any manner whatsoever.
You represent and warrant that you are an individual of legal age to form a binding contract.
Your purchase of or access to any Fit to Exit Contents is at your own risk, and Fit to Exit will not be liable for any damage you suffer as a result of such purchase or access. You represent and warrant that you have the legal right to send, upload or otherwise communicate any data or information you communicate to Fit to Exit at any time.
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Fit to Exit, its owners, presenters, instructors and employees DO NOT, through any of the Fit to Exit Contents, provide any personal, financial, accounting, tax, securities, legal, investment, insurance or other professional advice. Fit to Exit specifically disclaims any liability, loss or risk, which is incurred as a consequence, either directly or indirectly, by the use of any of the information contained in the Fit to Exit Contents.
The Fit to Exit Contents are NOT intended to be a substitute for meeting with professional advisors. If legal, financial, tax, accounting, insurance advice or other expert assistance is required, the services of competent, licensed and certified local professionals should be sought. In addition, Fit to Exit does not endorse any specific investments, professional advisors, insurers, or financial or legal service firms.
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You may purchase or access the Fit to Exit Contents only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws. When you create your Fit to Exit account, make purchases from Fit to Exit, or use certain features on our Websites, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.
You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Fit to Exit, and you will not share with any third-party access to or access information for your account.
- INTELLECTUAL PROPERTY AND CONFIDENTIALITY
The Fit to Exit Contents may contain intellectual property, industrial and other proprietary rights, protected or protectable under the laws of any country, including (a) trade names, trade dress, trademarks, service marks, logos, brand names and other identifiers; (b) copyrights, moral rights, neighboring rights, and related rights; (c) domestic and foreign inventions, patents and the registrations, applications, renewals, extensions and continuations, in whole or in part, thereof (hereinafter “Intellectual Property”), as well as trade secrets, inventions, discoveries, devices, processes, designs, techniques, trade secrets, ideas, know-how and other confidential or proprietary information, whether or not reduced to practice (hereinafter “Confidential Information”). Purchasing or accessing the Fit to Exit Contents does not give you ownership of any Intellectual Property rights in the Fit to Exit you purchase or access.
Subject to these Terms and our policies, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Fit to Exit Contents as provided, for informational and non-commercial purposes only and for no other purpose. No materials from the Fit to Exit Contents may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Fit to Exit’s prior written permission. You may not copy or distribute any graphics from the Websites and/or the Fit to Exit Contents separately from their accompanying text, and you may not quote materials out of their context. The permission to use provided above does not include permission to copy the design elements, look and feel, or layout of the Websites and/or the Fit to Exit Contents. All rights not expressly granted herein are hereby reserved by Fit to Exit.
Any unauthorized use of the materials appearing on our Websites or in the Fit to Exit Contents may violate confidentiality, copyright, trademark, patent, and/or other applicable laws and could result in criminal and/or civil penalties.
Our Websites as well as Communities as defined hereinbelow, contain functions that allow you to submit feedback and participate in discussions with other users (“User Submission”). You retain ownership of any intellectual property rights that you hold in such User Submissions. When you create, upload, submit, store feedback to or through the Websites or Communities, you agree to give Fit to Exit a royalty-free, perpetual, sublicensable, irrevocable and worldwide license to use, host, store, reproduce, modify, translate and otherwise act with respect to such User Submissions to enable Fit to Exit to operate and improve its services.
All Fit to Exit Contents are provided “AS IS”, without any representations or warranties, express or implied. Fit to Exit does not warrant that:
- The Fit to Exit Contents will be constantly available, or available at all; or
- The Fit to Exit Contents are complete, true, accurate or non-misleading.
Fit to Exit specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. Fit to Exit further disclaims any and all liability related to your access or use of the Fit to Exit Contents. You acknowledge and agree that any access to or use of the Fit to Exit Contents is at your own risk.
To the maximum extent permitted by law, Fit to Exit will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the use of, or otherwise in connection with, any of the Fit to Exit Contents, online or offline:
- For any direct loss;
- For any indirect, special or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Fit to Exit has been expressly advised of the potential loss.
In no event shall Fit to Exit’s aggregate liability for all claims related to the Fit to Exit Contents exceed the total amount of fees received by Fit to Exit from you for the use of the Fit to Exit Contents during the past three months.
You acknowledge and agree that the disclaimers and the limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and Fit to Exit, and that these limitations are an essential basis to Fit to Exit’s ability to make the Fit to Exit Contents available to you on an economically feasible basis.
You agree that any cause of action related to the Fit to Exit Contents must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.
Fit to Exit is not responsible for any User Submissions on Fit to Exit’s Websites or online communities (collectively, the online communities are hereinafter referred to as the “Communities”). User Submissions express the views of their authors only. You remain solely responsible for the content of your posted messages. Note that it is impossible for the staff or the owners of the Communities to confirm the validity of posts. Fit to Exit does not actively monitor the posted messages, and as such, is not responsible for the content contained therein.
You agree to indemnify, defend, and hold harmless Fit to Exit from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Fit to Exit Contents in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Submissions, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
- USER SUBMISSION STANDARDS
Any and all User Submissions you make via the Websites or Communities must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, they must comply with the following User Submission standards:
- Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
- Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms;
- Not violate or try to violate the security features of the Websites or Fit to Exit Contents;
- Not be likely to deceive any person;
- Not promote any illegal activity, or advocate, promote or assist any unlawful act;
- Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization;
- Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
- Not give the impression that they emanate from us or any other person or entity, if this is not the case.
A violation of any of the foregoing is grounds for termination of your right to use or access the Websites, Communities and Fit to Exit Contents.
Fit to Exit reserves the rights to remove or modify any User Submission submitted for any reason without explanation. Fit to Exit reserves the right to take action against any account with Fit to Exit’s Communities at any time.
You accept that Fit to Exit has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Fit to Exit’s directors, officers or employees in respect of any losses you suffer in connection with the Websites or the Fit to Exit Contents.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms will protect Fit to Exit’s directors, officers, employees, agents, affiliates, subsidiaries, successors, sponsors, assigns and sub-contractors as well as Fit to Exit.
Fit to Exit shall not be responsible, directly or indirectly, for any third-party contests hosted on any of its Websites, or any offline activities not hosted by Fit to Exit.
Fit to Exit has not reviewed all of the sites linked to the Websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Fit to Exit of the site. Use of any such linked website is at your own risk.
- ADVERTISING AND AFFLIATE PROGRAMS
Fit to Exit may be compensated by companies mentioned through advertising, affiliate programs or otherwise on the Websites, without any extra cost to you. Any references to third party products, rates or websites are subject to change without notice. Please do the appropriate research before participating in any third party offers.
Your submission of personal information to Fit to Exit is governed by our privacy policy at https://fittoexit.com/privacy-policy/.
Failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is, or is found to be, unenforceable under applicable law, it will not affect the enforceability of the other provisions of these Terms.
These Terms shall be governed and construed in accordance with the laws of the State of New Jersey, the United States of America, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Bergen County, New Jersey. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms of Use shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Bergen County, New Jersey, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms of Use shall be entitled to costs and attorneys’ fees.
- NOTICE TO CALIFORNIA USERS
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.