Terms & Conditions
HOW THIS AGREEMENT WORKS
Signature Label Business Group LLC ("Signature Fit", "we", "us" or "our") provides exercise and nutrition suggestions. We do not prescribe exercise or nutrition plans. Always consult with a qualified healthcare professional prior to beginning a nutrition program, exercise program, or taking any dietary supplements. You participate in exercise and nutrition activities at your own risk. By downloading, visiting, accessing, or using any part of our Services, you expressly accept, agree, and consent to the terms and conditions of this Agreement. Your continued use of our Services after any modification to the Services or update to this Agreement, constitutes your conclusive acceptance of such change. If you do not agree to these terms and conditions of use, you must not use any portion of our Application and/or Services and your sole remedy is to discontinue your use of our Application and/or Services.
Additional Terms. To the extent Signature Fit provides you notice of different or additional terms or practices, those additional terms will govern your use of our Application and/or Services.
Eligibility. You may only use the Services if you are at least twelve (12) years of age.
Updates. Signature Fit may modify this Agreement at any time. Such modification will become effective immediately upon either posting of the modified agreement or Signature Fits notification of users. You may locate the most current version of this Agreement at yoursignaturefit.com.
Modification and Termination. Signature Fit operates the Services in its sole and complete discretion. Signature Fit may modify the Services at any time for any reason, including changes to features, content, functionality, or software. Signature Fit may suspend all or any portion of the Services, including for periodic maintenance, equipment malfunctions or causes beyond Signature Fit's control. Signature Fit may also terminate the Services in entirety. Signature Fit is not liable for any such modification, suspension, or termination of the Services.
USE OF SERVICE
Copyright and Trademarks. All content hosted on the Services is copyrighted under the law as collective work and/or compilation. Signature Fit holds and owns the copyright, and all other proprietary and intellectual property rights and title, to the collective work, including the pages, graphics, design, text, sound recordings, images, materials, and content of the Services, some of which may be trademarked. You agree not to copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from the content of the Services, including any information, products, or services, without Signature Fit's express written consent. The Services are solely for your personal, non-commercial use. Subject to these and any other express restrictions with regard to specific material, you may download information concerning Signature Fit services or membership from the Services solely for your personal non-commercial use, including information concerning membership type, status, enrollment date, contact information, club app usage, transactions, packages and/or payment accounts.
Health and Wellness Information. The Services contain information about leading a healthy way of life, including information on health, wellness, nutrition and fitness issues. Such information does not represent medical diagnosis, treatment, or care and should not be used in place of consultation with or advice from your healthcare professionals. You should consult your physician or healthcare professional before beginning or altering your personal exercise, diet, or nutritional supplement program. Any health information you post on the discussion board, group feed, personal profile or forum may be viewed by other users of the Services.
Electronic Communications. When you use the Services, you communicate electronically with Signature Fit. You expressly consent to receipt of electronic communications from Signature Fit through posts on the Services and via the email you provided when setting up a user account. All agreements, notices, disclosures, authorizations, verifications, confirmations, or other electronic communications Signature Fit provides according to this paragraph satisfy any legal requirement for written communication.
Equipment. You are solely responsible for purchasing, maintaining, and ensuring all equipment, programs, and services necessary for, and compatible with, your access to and use of the Services, including hardware and software; electrical, telecommunications and internet access connections and links; and web browsers.
Your Content. You retain all rights, responsibility, and ownership of your content. You may only post User Content that you created or have permission to use. Signature Fit is not responsible for any User Content posted on the Services, nor does it control the content made available by users. Signature Fit makes no representations or warranties concerning efforts to review or monitor User Content, including the extent to which it may be considered or construed as personal, private, inappropriate, inaccurate, offensive, profane, misleading or otherwise objectionable. While Signature Fit does not pre-approve or pre-screen User Content, Signature Fit may disable, remove, or delete any User Content. Signature Fit is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance upon, any such User Content.
License to User Content. By posting, including on discussion boards or forums, submitting, transmitting, emailing, messaging, uploading, sharing, or otherwise making available (hereinafter post or posting) any messages, text, files, images, video, photos, sounds, or other materials on or through the Services (User Content), you grant Signature Fit an irrevocable, perpetual, fully paid, non-exclusive worldwide right to use, reproduce, display, distribute, adapt, perform and prepare derivative works of the User Content on the Services. Signature Fit does not need any further approval for its uses of your User Content.
Copyright Infringement Notification. Pursuant to the Digital Millennium Copyright Act (DMCA), Signature Fit designated agent (Copyright Agent) receives notices of claimed copyright infringement. If you, or an agent authorized to act on your behalf, believe in good faith that your work is on the Services in a way that constitutes copyright infringement, please provide written notice to Signature Fit’s owner by email to John.firstname.lastname@example.org.
Attn: John Jenkins with the following information:
A physical or electronic signature of a person authorized to act on the copyright owner's behalf;
A description of the copyrighted work claimed to have been infringed;
A description of where the copyrighted work is located on the Services, including if possible a URL;
Your address, telephone number, and email address;
A statement that you believe in good faith that use of the work is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
In accordance with the DMCA, Signature Fit may delete, remove, or disable any infringing work, and may forward to the alleged infringer your written notice and a notice that the work has been deleted, removed, or disabled. Signature Fit reserves the right to terminate members who post infringing work.
Passwords and Security. Registering for the Services may require you to create a username and a password. You agree to maintain the security, confidentiality, and integrity of your username, password, and any other security measures employed on the Services. You are responsible for all access to and use of the Services, including all financial transactions, under your username and password, including access or use by any partner, secondary, or additional member, if applicable, whether or not authorized by you. You agree to immediately notify Signature Fit of any breach of security, including unauthorized use of your username or password, and to immediately take all reasonable steps to prevent its further occurrence, including changing your password.
Accuracy of Personal Information. You represent and warrant that all information provided to Signature Fit through the Services is current, accurate, complete and truthful, including all initial or updated registration or membership information, such as the legal name, street address, email address, telephone number, and financial transaction account information related to you or anyone on your membership. You further represent and warrant that you are an authorized account holder of any financial transaction account which you provide to Signature Fit through the Services for payment of membership dues or other transaction.
Termination of Use. Signature Fit may block, restrict, disable, suspend, or terminate your access to or use of all or any parts of the Services without prior notice or liability to you.
Inappropriate Use. You will not post, submit, transmit, email, upload, share, store or otherwise make available any User Content that, in Signature Fits judgment:
Is unlawful, illegal, threatening, abusive, harassing, stalking, intimidating, libelous, false, defamatory, invasive of another's privacy or publicity rights, violent, vulgar, obscene, profane, sexual in nature, harmful to individuals, including minors, or is otherwise objectionable, offensive or improper; Is hateful toward an individual or group of individuals on the basis of gender, sexual orientation, race, ethnicity, age, disability, or religion;
Violates any contract or agreement you have with Signature Fit, including your Member Usage Agreement and General Terms Agreement (these agreements only apply to Signature Fit Members);
Includes personal or identifying information about another person without that person's affirmative consent;
Is false, fraudulent, misleading, or deceptive;
Constitutes or contains any form of commercial advertising, marketing, solicitation or promotion, including messages and links for commercial purpose or benefit and any affiliate marketing, link referral code, junk mail, spam, chain letters, or pyramid or Ponzi schemes; or
May interrupt, limit, overburden, damage, impair, destroy or otherwise negatively impact the functionality or use of the Services, including User Content with a software virus or User Content in an excessive amount (e.g., flooding attack).
If you believe any User Content does not apply with these guidelines, please contact us at email@example.com (external link - opens in your email browser) .
YOUR WARRANTY AND INDEMNIFICATION OBLIGATIONS
ASSUMPTION OF RISK AND WAIVER OF LIABILITY. THERE ARE RISKS INHERENT IN ACCESSING AND USING THE SERVICES, INCLUDING LOSS, THEFT, BREACH, MISUSE, OR UNAUTHORIZED USE OF PERSONAL INFORMATION. YOU EXPRESSLY ASSUME THESE RISKS, WILL ACCESS AND USE THE SERVICES AT YOUR OWN RISK, AND WAIVE ANY AND ALL CLAIMS AGAINST SIGNATURE FIT, AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, RELATED TO SUCH ACCESS OR USE (INCLUDING CLAIMS ON BEHALF OF MINORS ON YOUR MEMBERSHIP) FOR ANY DAMAGE, LOSS, OR INJURY OF ANY KIND SUSTAINED BY YOU OR ANY PERSON ON YOUR MEMBERSHIP CAUSED AS A RESULT OF SIGNATURE FIT'S NEGLIGENCE. THIS DOES NOT WAIVE CLAIMS RESULTING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR RECKLESS DISREGARD, UNLESS PROHIBITED BY APPLICABLE PRIVACY LAW.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SIGNATURE FIT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THIS AGREEMENT. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS SIGNATURE FIT AND ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICES IN BREACH OF THIS AGREEMENT OR THE USER CONTENT I MAKE AVAILABLE VIA THE SERVICES BY ANY MEANS, INCLUDING WITHOUT LIMITATION THROUGH A POSTING, A LINK, REFERENCE TO USER CONTENT, OR OTHERWISE, UNLESS PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
SIGNATURE FIT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SIGNATURE FIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SIGNATURE FIT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF FITBOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FITBOD SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SIGNATURE FIT’S REASONABLE CONTROL.
2. SIGNATURE FIT’S SERVICES MAY BE USED BY YOU TO PLAN AND CONDUCT A WORKOUT, BUT YOU AGREE THAT SIGNATURE FIT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY EXERCISE, WORKING OUT, GOODS OR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
3. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
4. You acknowledge that the Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Applications and Services meet your requirements.
5. The physical activities to which the Services relate carry certain inherent risks including personal injury and property damage. You acknowledge that you undertake such activities entirely at your own risk.
6. Where you have been supplied the Services for domestic and private use only you agree not to use the Applications and Services for any commercial, business or resale purposes which are not first authorized by Signature Fit.
7. You agree that Signature Fit, its owners, officers, employees and agents have no liability to you for any loss of employment, wages, salary, profit, loss of business, business interruption, or loss of business opportunity.
8. You acknowledge that the Applications and Services do not provide medical advice.
9. You are solely responsible for maintaining the confidentiality of the device through which you access the Services and for restricting access to your password and to your computer while logged into the Services. You accept responsibility for all activities that occur under your account or device.
10. Our maximum aggregate liability under or in connection with these Terms (including your use of any Application or Services) whether in contract, tort (including negligence) any cause of action or otherwise, or under any theory of damages, shall in all circumstances be limited to the amount you paid for the Services in the last twelve (12) months.
NO MEDICAL ADVICE.
Signature Fit provides the Services for you to track, manage, and plan your fitness and nutrition activities. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND SIGNATURE FIT.