Terms and Conditions

Please read these Terms and Conditions carefully before using the website (https://fitpros.com) (the “website”) and/or the mobile app (FitPros Workplace Wellbeing) (the “app”). By using the website and/or app, you agree to be bound by these Terms and Conditions. The provision of information and services on this website and/or app is subject to your agreement to the Terms and Conditions below.

Scope

These Terms and Conditions apply to your use of the website and app. The website and/or app is owned and operated by Fit Pros on Location LLC (“FitPros”), a California limited liability company. We may have other website and/or apps that are governed by different terms and conditions.

Eligibility

This website and/or app is offered and available to users who are United States residents and 18 years of age or older. By using this website and/or app, you represent and warrant that you are of legal age to form a binding contract with FitPros, a United States resident, and meet all other eligibility requirements. If you do not meet these requirements, you must not access or use the website and/or app.

Content

The information provided on the website and/or app has been included in good faith for general informational purposes only. It should not be relied on for any specific purpose and no representation or warranty is given in regard to its accuracy or completeness. This website and/or app should not be considered error-free or as a comprehensive source of all information on a particular topic. FitPros makes no warranties or representations as to the accuracy of the content of the website and/or app, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the website and/or app. Your use of the website and/or app is subject to the additional disclaimers and caveats that may website and/or appear throughout these Terms and Conditions and the website and/or app. You assume the entire risk of loss in using this website and/or app and materials contained on the website and/or app. The features and services on the website and/or app are subject to change at any time without notice.

Your Conduct

These Terms and Conditions permit you to use the website and/or app for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website and/or app, except as follows:

Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your device for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the website and/or app for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other website and/or applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such website and/or applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You agree not to use the website and/or app:

In any way that violates any website and/or applicable federal, state, local, or international law or regulation.
To violate or encourage others to violate the rights of third parties, including intellectual property rights.
To post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inwebsite and/or appropriate.
To interfere in any way with security-related features of the website and/or app.
To interfere with the operation or any user’s enjoyment of the website and/or app, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent.
To impersonate or attempt to impersonate FitPros, a FitPros employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website and/or app, or which, as determined by us, may harm FitPros or users of the website and/or app, or expose them to liability.
Use any robot, spider, or other automatic device, process or means to access the website and/or app for any purpose, including monitoring or copying any of the material on the website and/or app.
Use any manual process to monitor or copy any of the material on the website and/or app, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website and/or app, the server on which the website and/or app is stored, or any server, computer or database connected to the website and/or app.
Attack the website and/or app via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper work of the website and/or app.
Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth.
Sell or otherwise transfer the access granted herein.

Wellbeing Portal

FitPros uses a wellbeing portal (the “Portal”) for the use of its enterprise clients (“Clients”) and its Clients’ employees (“Employees”). When you access the Portal, you represent that you are a current employee of an active FitPros Client and agree not to impersonate anyone, misrepresent any affiliations, use false information, or otherwise conceal your identity from FitPros for any purpose. If you are not sure if your company is an active client of FitPros, please reach out to your human resources department or contact FitPros at info@fitpros.com.

All uses of the Portal shall comply with these Terms and Conditions, including the following:

Client Accounts. Upon activation of a Client account, the Client will receive credentials to access the Portal. Client is responsible for maintaining the confidentiality and security of the credentials. The Client and its Employees agree to refrain from sharing credentials with anyone outside of the Client’s organization. Upon termination of your employment with an active FitPros Client for any reason, you agreed to cease all use of the Portal. If you have reason to believe that your account is no longer secure, you must immediately notify us at info@fitpros.com.

Portal Services Provided. FitPros currently provides the following services to its Clients via the Portal: health talks; wellbeing fairs; social engagement events; information regarding wellbeing topics; access to the FitPros blog with tips of nutrition, parenting, physical fitness, and other wellness topics; live and recorded videos; on-demand videos for fitness, wellness, career development, financial wellness, and other wellness topics; and online workshops on a variety of wellness and social engagement topics.

Information Provided by You During Live Presentations. Some of the Portal services provided include live presentations that may or may not be recorded for later use. These live presentations may allow for your participation. You acknowledge that you are responsible for all information provided during these live presentations.

Linked Sites

The website and/or app may contain links to other website and/or apps, websites, and resources provided by third parties, including links contained in advertisements, including banner advertisements, and sponsored links. These links are provided for your convenience only. While it is the intention of FitPros that you should find these website and/or apps and resources of interest, these links do not indicate that FitPros is associated with any of these third-party website and/or apps or their owners. FitPros has no control over the contents of these website and/or apps or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party website and/or apps linked to this website and/or app, you do so entirely at your own risk and subject to the terms and conditions of the third-party website and/or apps.

Copyright, trademark, patent, and other website and/or applicable laws protect the services and information website and/or appearing on the website and/or app. All materials on the website and/or app may be accessed, downloaded, or printed for the personal, noncommercial use pursuant to these Terms and Conditions. No other use of these materials may be made without express written permission from FitPros. Any unauthorized use of the words or images on this website and/or app may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

None of the names, trademarks, service marks, and logos of FitPros website and/or appearing on this website and/or app may be used in any capacity, including but not limited to indicating FitPros’ sponsorship of or affiliation with any product or service, without the express written consent of FitPros. Nothing contained on the website and/or app should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right of use to any trademark displayed on the website and/or app without the express written consent of FitPros or the third-party owner of the trademark, if any.

Disclaimer of Warranties

All content on or accessible from this website and/or app is provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume all risk for any and all damages that may result from your use of or access to the services. The use of this website and/or app is at your own risk. FitPros does not warrant that the content available on this website and/or app or the website and/or app itself is free of errors. FitPros expressly disclaims any obligation to update the content on this website and/or app. FitPros does not warrant that the content of this website and/or app is free of viruses or other harmful properties. Although FitPros seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our services, and there may at times be inadvertent technical or factual errors or inaccuracies.

TO THE FULLEST EXTENT PERMITTED BY WEBSITE APPLICABLE LAW, FITPROS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

Medical. The information provided on the website and/or app is not a substitute for the advice of a personal physician or other qualified health care professional and does not constitute a diagnosis or professional treatment recommendation. Always seek the advice of a physician or other qualified health care professional with any questions regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the website and/or app.

Physical Activity. The services may include features that promote physical activity, nutrition, or general wellness. They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. You should consult your physician before beginning a new fitness program. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on the website and/or app or heard on the FitPros service. The use of information provided through the FitPros service is solely at your own risk.

Do not engage in FitPros workouts if your physician or medical provider has instructed you not to engage in an exercise program. You should stop your workout and contact your physician if you experience any of the following symptoms: overheated, dizziness, fainting, fatigue, shortness of breath, or chest pain.

Financial. The information provided through the services is provided solely for informational, educational, or entertainment purposes. FitPros and the services are not endorsed by or affiliated with FINRA, and FitPros is not a financial institution or insurance provider. FitPros makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained. Before making any financial decisions or implementing any financial strategy, including recommendations of third parties identified through the services, FitPros recommends that you obtain additional information and advice of accountants or other financial advisors who are fully aware of your individual circumstances.

Information Provided During Live Video Presentations. FitPros hosts live video presentations within our Clients’ organizations as well as outside of our Clients’ organizations. These live presentations may allow your participation in the form of displaying your image, providing information or feedback, asking questions, or any sort of engagement with the video presentation. You agree that you are solely responsible for any content provided, sent, uploaded, displayed, or transmitted while using the services.

No Warranties Regarding Third Parties. FitPros makes no representations, warranties, or guarantees, express or implied, regarding any third-party service or advice provided by a third party. FitPros does not endorse any particular third party. FitPros may act as an intermediary between you and third-party service providers and expressly disclaims any and all liability for any content, products, or services provided by such service providers.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FITPROS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE website and/or app, ANY website and/or appS LINKED TO IT, ANY CONTENT ON THE website and/or app OR SUCH OTHER website and/or appS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE website and/or app OR SUCH OTHER website and/or appS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

The use of this website and/or app is at your own risk. To the fullest extent permitted by website and/or applicable law, under no circumstance shall FitPros, its subsidiaries and affiliates, and its respective directors, officers, employees, agents, successors, and assigns, be liable to any user of this website and/or app or any other person or entity for any direct, indirect, special, incidental, consequential, or exemplary damages, including without limitation, damages for loss of profits, revenue or data, or other losses or damages of any kind whatsoever arising out of the use or inability to use this website and/or app or any content contained thereon, whether based upon warranty, negligence, contract, tort, strict liability, or otherwise, even if FitPros has been advised of the possibility of such damages or losses.

Indemnification

To the maximum extent permitted by website and/or applicable law, you agree to defend, indemnify and hold harmless FitPros, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, proceedings, demands, losses, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and legal costs) of any kind or nature, arising out of or relating to your violation of these Terms and Conditions or your use of the website and/or app. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Termination

We reserve the right to not provide the website and/or app or services to any person. We also reserve the right to terminate any user’s right to access the website and/or app or services at any time, in our discretion. If you violate any of these Terms and Conditions, your permission to use the website and/or app and services automatically terminates.

Availability of Products or Services

Reference to any product or service on the website and/or app does not constitute an offer to sell or supply that product or service. Specific advice concerning the availability and suitability of any particular product or service should be sought before purchase. Products or services described or listed in this website and/or app may not be available in all U.S. states and international regions.

Right to Change Terms and Conditions

FitPros may, at any time and from time to time, change these Terms and Conditions. Any changes to these Terms and Conditions will be effective immediately upon posting of the changed Terms and Conditions on the website and/or app. You agree to review these Terms and Conditions periodically, and your use of the website and/or app following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed.

No Guarantee of Employment

FitPros may list or describe certain career opportunities on this website and/or app. FitPros makes no guarantee or promise that, upon website and/or application for employment, you will receive an offer for employment or placement in the position for which you website and/or applied, or that any employment or position is available.

Equal Employment Opportunity Commission Statement

FitPros does not discriminate against any employee or website and/or applicant for employment on the basis of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, political affiliation, or veteran status. FitPros makes all decisions regarding offers of employment in accordance with website and/or applicable federal, state, and local laws.

Severability

If any part of these Terms and Conditions is found to be unlawful, void, or unenforceable for any reason, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Applicable Law

These Terms and Conditions and the resolution of any dispute related to these Terms and Conditions shall be construed in accordance with the laws of the State of California without regard to any principles of conflicts of law. Any dispute between FitPros and you related to these Terms and Conditions shall be resolved exclusively by the state courts in Santa Cruz, California or the federal courts of the Northern District of California.

FitPros makes no representation that material on this website and/or app is website and/or appropriate or available for use in other locations, and accessing them from territories where its content is illegal is prohibited. Those who choose to access the website and/or app from other locations do so on their own initiative and are responsible for compliance with local laws.

The FitPros Privacy Policy is available on this website and/or app and is incorporated by reference in these Terms & Conditions. By accessing and using this website and/or app, you agree to the terms of the FitPros Privacy Policy. You should read the Privacy Policy carefully.

General

These Terms and Conditions constitute the entire agreement between you and FitPros with respect to your use of and access to this website and/or app. Any failure by FitPros to exercise or enforce any provision or right under these Terms and Conditions does not constitute a waiver of that provision. Any rights not expressly granted in these Terms and Conditions are reserved. We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Contacting Us

If you have any questions regarding these Terms and Conditions, you may contact us using the following information:

Fit Pros on Location LLC
PO Box 4102
Santa Cruz, CA 9506

info@fitpros.com
(815) 348-7767