General
FitSpresso (“COMPANY” “we” or “us”) owns and operates this website (the “Site”). You agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Shipping Policy, our Return Policy, and any additional terms and conditions that may apply to specific sections of the Site or products and services available through the Site or from COMPANY by using the Site. Accessing the Site in any way, whether automatic or otherwise, constitutes your use of the Site and consent to be bound by these Terms of Service.

We reserve the right to amend these Terms of Service or impose other conditions on use of the Site at any time, in which case the revised Terms of Service will be posted on this website. By continuing to use the Site after we post any such changes, you agree to the updated Terms of Service.

Intellectual Property Rights
You Have a Limited License from Us. This Site and any materials on it are the property of us and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws. The Site is only for your personal, noncommercial use. You may not use the Site or the materials available on the Site in a manner that varitutes an infringement of our rights or that has not been authorized by us. More specifically, unless expressly permitted in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute any material from the Site in any manner or medium (including via email or other electronic means). You may, however, download and/or print one copy of individual pages of the Site for your personal, non-commercial use from time to time, provided that all copyright and other property markings remain intact.

We want your license. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. Furthermore, by submitting, emailing, texting, delivering, or posting any material, you grant us and anyone authorized by us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium now known or hereafter developed, for any purpose. The aforementioned grant includes the right to exploit any intellectual rights in such posting or submission, including but not limited to rights under copyright, trademark, service mark, or patent laws in any relevant jurisdiction. In addition, you grant us and anyone authorized by us the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we judge appropriate, in connection with the exercise of such rights.

You acknowledge and agree that any contributions initially developed by you for us will be considered a “work made for hire” where the work performed falls within the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As a result, the copyrights in those works will belong to COMPANY from the time they are created. As a result, COMPANY shall be deemed the author and sole proprietor thereof, with the right to exploit any or all of the results and proceeds in any and all media, now known or subsequently discovered, across the universe, in perpetuity, in all languages, as COMPANY deems. If any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby irrevocably assign, convey, and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all derivatives thereof, in perpetuity in every medium, whether now known or hereafter Any posted material which are replicas of past works by you shall be co-owned by us.

You understand that COMPANY has the right, but not the responsibility, to use and display any postings or contributions of any type, and that COMPANY may choose to stop using and displaying such materials (or any portion thereof) at any time for any reason.

Linking and framing are restricted. You may build a hypertext connection to the Site as long as the link does not express or imply that we or the Site sponsors your site. However, you may not frame or inline link any of the Site’s content, or incorporate any of our material, content, or intellectual property onto another website or other service without our prior written permission.

Disclaimers
We may provide links and pointers to third-party Internet sites throughout the Site. Our connecting to such third-party sites does not imply our endorsement or sponsorship of those sites, or the information, products, or services offered on or through them. Furthermore, neither we nor our affiliates run or control in any way any information, products, or services provided by third parties on or via the Site or on websites linked to by us on the Site.

Any opinions, advice, comments, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the authors or distributors, not COMPANY. Neither COMPANY nor any third-party information provider guarantees the accuracy, completeness, or utility of any content. Furthermore, COMPANY does not support or accept responsibility for the truth or reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative operating in his or her official role.

THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE USE OR RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

You agree to defend, indemnify, and hold COMPANY, its affiliates, their successors, transferees, assignees, and licensees, as well as their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees, harmless from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, reassurance, or representation.

Online Shopping
Certain portions of the Site may allow you to purchase a variety of products and services provided by third parties online. We are not liable for the quality, accuracy, timeliness, or dependability of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, both the merchant and we may collect the information obtained during your visit to that merchant’s online store or site, as well as the information you provide as part of the transaction, such as your credit card number and contact information. A merchant’s privacy and data gathering practices may differ from ours. We accept no responsibility or liability for these third-party policies. Furthermore, when you buy or use items or services on or through the Site, you may be subject to additional terms and conditions that are particular to your purchase or use of such products or services. Visit a merchant’s website and click on its information links for more information about that merchant, its online store, its privacy policies, and/or any extra terms and conditions that may apply. You waive any and all claims against us and our affiliates arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence, or business dealings with any third party found on or through our Site, including the payment and delivery of specific goods and services, as well as any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third party. You acknowledge that COMPANY is not responsible or accountable for any loss, damage, or other issues that arise as a consequence of such dealings.

You agree to be financially responsible for all purchases made on the Site by you or someone acting on your behalf. You agree to use the Site for lawful, non-commercial purposes solely and to acquire services or products through the Site. You also agree not to make any purchases for speculative, deceptive, or fraudulent purposes, or to forecast demand for a specific product or service. You agree to only buy products or services for yourself or another person for whom you have the legal authority to do so. You guarantee that you have gotten the express authorization of such third party to provide such third party’s personal information when making a transaction for a third party that requires you to submit the third party’s personal information to us or a merchant.

Interactive Elements
This Site may include features such as bulletin boards, web logs, chat rooms, and email services, which allow us to receive feedback and real-time engagement from users, as well as other capabilities that allow users to communicate with others. Each user is solely responsible for what is posted on bulletin boards, web logs, chat rooms, and other public posting places on the Site, or sent over any email services on the Site – you are solely responsible for the material you post or transmit. We have no control over the messages, information, or files that you or others may post on the Site. It is a requirement of using the Site that you do not:

Restriction or impediment of any other user’s usage and enjoyment of the Site.
Use the Site to impersonate someone or something, or to falsely declare or otherwise misrepresent your association with someone or something.
Interfere with or disrupt any servers or networks used to deliver the Site or its features, or violate any of the networks’ requirements, procedures, policies, or regulations.
Use the Site to incite or encourage others to engage in criminal actions or to cause bodily harm or property damage to anybody.
Obtain unauthorized access to the Site or any account, computer system, or network linked to the Site through hacking, password mining, or other illegal means.
get or attempt to get any items or information not expressly made available through this Site.
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.
Use the Site to post or transmit any information, software, or other material that violates or infringes on the rights of others, including material that infringes on privacy or publicity rights or is protected by copyright, trademark, or other proprietary rights, or derivative works based on such material, without first obtaining permission from the owner or rights holder.
Use the Site to post or send any information, software, or other material containing a virus or other potentially harmful component.
Use the Site to post, transmit, or exploit any information, software, or other material for commercial purposes or that involves advertising in any way.
Without our prior written permission, use the Site to advertise or solicit anybody to buy or sell items or services, or to make any sort of donation.
Gather any email addresses or other personal information posted by other Site users for marketing purposes.
On its Sites and other platforms, COMPANY may host message boards, chats, and other private/public forums. Any user who fails to comply with the terms and conditions of this Agreement may be barred from future access to the message boards, groups, chats, or other such venues. COMPANY or its designated agents reserve the right to remove or edit any user-created content for any reason at any time. Message boards, chat rooms, and other public forums are designed to be discussion hubs for users and subscribers. Information and content posted in these public forums may be given by COMPANY staff, outside contributors, or users not affiliated with COMPANY, some of whom may use anonymous user identities. COMPANY expressly disclaims all responsibility and endorsement, and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these forums by third parties; we are also not responsible for any errors or omissions in such postings, or hyperlinks embedded in any messages. We, our affiliates, suppliers, or agents will not be liable for any loss or harm caused by your reliance on information gained from these forums. The views expressed in these forums are exclusively those of the participants and do not represent the views of COMPANY or any of its subsidiaries or affiliates.

COMPANY has no duty to monitor any of the material or postings on the Sites’ message boards, chat rooms, or other public forums. However, you accept and agree that we have the ultimate right, in our sole discretion, to monitor the same. Furthermore, we reserve the right to change, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to comply with any applicable law, regulation, legal process, or governmental request, as well as to protect ourselves, our clients, sponsors, users, and visitors.

Registration
To use certain features of the Site, we may require you to enter demographic information such as your gender, birth year, zip code, and country. Furthermore, if you choose to sign up for a specific feature of the Site, such as chat rooms, web logs, or bulletin boards, you may be asked to register with us on the form provided, which may require you to provide personally identifiable information such as your name and email address. You promise to supply the Site’s registration form with true, accurate, current, and complete information about yourself. We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) if we have reasonable reasons to suspect that such information is false, inaccurate, or incomplete. The rules of our Privacy Policy govern our use of any personally identifiable information you supply to us as part of the registration process.

Passwords
You will need a username and password to use some features of the Site, which you will receive throughout the Site’s registration procedure. You are responsible for maintaining the password and account’s secrecy, as well as for all activities (whether by you or others) that occur under your password or account. You undertake to tell us immediately of any unauthorized use of your password or account, as well as any other security breach, and to log out of your account at the conclusion of each session. We cannot and will not be responsible for any loss or harm caused by your failure to safeguard your password or account information.

SMS (Short Message Service)
Nature’s Formulas (“Nature’s Formulas “, “we”, or “us”) operates the FitSpresso mobile message service (the “Service”). By using the Service, you agree to these terms and conditions (“Mobile Terms”). We reserve the right to change or discontinue the Service or any of its features at any time and without notice. We reserve the right to update these Mobile Terms at any time, and your continued use of the Service after the effective date of any such changes shall represent your acceptance of such changes.

We do not charge for the Service, but you are liable for any text messaging rates and fees imposed by your phone provider. Rates for messages and data may apply.

Text messages can be sent using an automated telephone dialing system or another type of technology. The receipt of autodialed marketing text messages is not a requirement for the purchase of any goods or services. If you have opted in, Nature’s Formulas will send you updates, alerts, information, promotions, specials, and other marketing offers via text message to the cellphone number you supplied. The message frequency is consistent. To cancel at any time, text the single keyword commands STOP, CANCEL, or UNSUBSCRIBE to +1-209-317-9387. A one-time opt-out confirmation text message will be sent to you. If you have subscribed to other Nature’s Formulas mobile message programs and want to cancel them, you must do so separately by following the requirements in their particular mobile terms. Email support@GetFitSpresso.com for Service support or help. We have the right to modify any short code or telephone number used to operate the Service at any time. You agree that any communications you send to a short code or telephone number we have changed, including any STOP, CANCEL, or UNSUBSCRIBE requests, may not be received, and we will not be responsible for honoring requests made in such messages.

The Service’s cellular carriers are not liable for delayed or undelivered communications. You agree to supply us with a current mobile phone number. You agree to opt out of the Service prior to changing your mobile phone number if you change your mobile phone number. You agree to indemnify, defend, and keep us harmless from any third-party claims, liabilities, damages, or costs arising from your use of the Service or your provision of a phone number other than your own.

You agree that we will not be liable for the failure, delay, or misdirection of any information transmitted through the Service, any inaccuracies in such information, and/or any action you take or do not take in reliance on the information or Service.

Liability Restriction
WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, OTHERS’ COMMENTS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, (SINCE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU; IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT, AND THE COMPANY MAKES NO IMPLIED OR EXPRESS WARRANTY AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.

IN RESPECT OF HEALTH AND WELLNESS CONTENT ON THE WEBSITE:

THIS WEBSITE PROVIDES HEALTH, WELLNESS, FITNESS, AND NUTRITIONAL INFORMATION FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE FOR THE PURPOSES OF THIS AGREEMENT.

Termination
We reserve the right to cancel or terminate your right to use the Site or any part of it at any time and without notice. You are no longer authorized to access the part of the Site that has been cancelled or terminated in the event of such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, as well as the disclaimers and limitations of liability set forth in these Terms of Service, will continue to apply.

Refund Procedure
To secure your complete refund, contact customer care by email at support@GetFitSpresso.com or phone at 1-877-607-7721 with your email address and/or order number. You had 180 days from the purchase date to get a complete refund. Your refund will be credited to your bank account and may take up to 3-5 business days to appear on your statement, depending on the processing bank’s speed.

Act on Digital Millennium Copyright
The Digital Millennium Copyright Act of 1998 (the “DMCA”) gives copyright holders redress if they believe that anything appearing on the Internet violates their rights under US copyright law. If you feel that materials stored by COMPANY infringe on your copyright, you or your agent may send a notification to COMPANY requesting that the material be removed or access to it be restricted. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the DMCA requirements shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances indicating infringing material or acts. If you believe in good faith that a notice of copyright infringement has been filed incorrectly against you, the DMCA allows you to issue a counter-notice to COMPANY. All notices and counter-notices must comply with the DMCA’s then-current statutory standards; for more information, visit http://www.loc.gov/copyright. For notice, the COMPANY’s Copyright Agent shall be support@GetFitSpresso.com.

Assignment
This Agreement will bind and benefit COMPANY and our respective assigns, successors, heirs, and legal agents. Without the prior written agreement of COMPANY, neither this Agreement nor any rights hereunder may be transferable. Notwithstanding the foregoing, COMPANY may freely assign all rights and responsibilities under this Agreement to any related entity or any of its wholly owned subsidiaries.

Resolution of Disputes
These Terms and Conditions shall be regulated and construed in accordance with the laws of the State of Barbados, and any disagreement shall be resolved by binding arbitration in St. Michael, Barbados. If any term of this agreement is found to be unlawful, invalid, or unenforceable for any reason, that provision shall be deemed severable from this agreement and shall have no effect on the validity or enforceability of any remaining sections.

Waiver of Class Action
You may only resolve disagreements with us on an individual basis, and you may not file a claim in a class, consolidated, or representative action as a plaintiff or class member. There are no class arbitrations, class actions, private attorney general lawsuits, or consolidation with other arbitrations.

The arbitrator may not consolidate more than one person’s claims, and may not preside over any type of class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless all relevant parties expressly agree to do so after the arbitration is initiated.

Severability
If any clause in these Terms of Service is determined to be invalid or unenforceable (other than the Class Action Waiver section above), that clause will be severed from these Terms of Service, and the remainder of these Terms of Service will be granted full force and effect. If the Class Action Waiver section is determined to be unconstitutional or unenforceable, this entire Provision will be rendered null and void, and the matter will be resolved in court.

Policy on Anti-Spam
Spam is defined as unsolicited, mass, or indiscriminate messages sent for a commercial goal in the context of electronic messaging. We offer the ability for users to send email messages / private messages to others. Users shall not use this service to send unsolicited, mass, or indiscriminate messages, whether for commercial or personal reasons. Receipt of undesired messages from our company: If you get any message from us or sent using our systems that may be deemed spam, please contact us using the information provided below, and the situation will be investigated. support@GetFitSpresso.com

Please email support@GetFitSpresso.com to update your subscription preferences.

Without your permission, the following information can still be sent electronically:

a response to your request;
information pertaining to your account or connection with us;
certain details about the goods or services you purchased from us;
a communiqué that facilitates, completes, or confirms an ongoing commercial transaction;
if you have given us your email address or publicized it, and the content we are providing you is relevant to your business function;
If you were recommended to us by a third party with whom we both have an established relationship;
If you are receiving this communication because the AAO is fulfilling a legal obligation or enforcing a pending or existing legal right.
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