Terms of Use

Welcome to NEWMEFIT, a Canadian limited liability company (“Company”). Company is an online platform offering health and fitness content, information, services, and products via the website www.newmefit.com and any other website, channel, application, mobile feature, and/or platform we operate (together, “Site”). In these Terms of Use (“Terms”), the use of the words “Company,” “we,” “our,” and “us” refer to NEWMEFIT. The words “user,” “you,” and “your” refer to entities or individuals that access and/or use the Site. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.

Please read the following

These Terms govern your access to and use of the Site provided by Company and the health and fitness content, information, services, and products Company provides via the Site (“Services,”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY ACCESSING THE SITE AND/OR CREATING A USER ACCOUNT, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SITE. COMPANY’S ACCEPTANCE OF YOUR ACCESS TO OR USE OF THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS. WE MAY REQUIRE THAT YOU EXPLICITLY CONSENT TO THESE TERMS IN ORDER TO ACCESS CERTAIN PORTIONS OF THE SITE.

Third Parties and Policies

Please be aware that when you access and/or use certain features of the Site, your access to or use of such features will also be subject to all guidelines, terms, agreements, and conditions applicable to such features, including third-party policies (the “Policies”). All such Policies are incorporated into these Terms by reference, and if the applicability of these Terms is incompatible with your access to or use of the Services, the relevant terms of such third-party Policies will control.

Changeability

We reserve the right to change or modify these Terms or any Policy and the Site we offer at any time without notice to you to reflect changes in our practices or keep current with relevant laws or industry standards. We also retain the right to create limits on your use and storage of User Content (defined below) at our sole discretion at any time without prior notice to you. In addition, Company may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally and may not be able to provide you with prior notice. We may attempt to notify any registered users of material changes by sending an email to the email address you most recently provided us in your User Account (defined below), profile, or registration (unless we do not have such an email address), and/or by posting notice of the changes on the Site.Your access to and/or use of the Site will be subject to the most current version of these Terms posted on the Site at the time of your access or use. We recommend that you check the Site from time to time to inform yourself of any changes in these Terms, and stay apprised of any other Policies that may be applicable; you are solely responsible for reviewing and becoming familiar with any modifications to these Terms.

Should Company permanently stop the Site, you may terminate your use, User Account, and/or Subscription Agreement (defined below) pursuant to the termination process set forth in these Terms, and upon Company’s verification of your fulfillment of all termination requirements and in Company’s sole discretion, Company may refund a pro-rata portion of any remaining subscription fees paid.

Our Content

Company’s proprietary content, including videos, designs, text, graphics, pictures, information, programs, Services, data, software (and the selection and arrangement thereof), logos, and code (collectively, the “Site Materials”) are all property of Company and are protected by intellectual property laws, and except as permitted under these Terms, Company expressly reserves all right, title, and interest in and to the content and Services of the Site and Site Materials, aggregate data, and reports, and all processing, analytics, and other software and technology used by Company in the analysis of User Content (as defined below) and/or the provision of the Site, including, without limitation, any derivatives, improvements, enhancements, or extensions thereof conceived, reduced to practice, or otherwise developed by or on behalf of Company, all of which are valuable assets of Company, and any copyright, patent, trademark, or any other intellectual property right, or federal or state right, pertaining thereto.

UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING, OR DUPLICATING OR ANY OTHER MISUSE OF THE SITE OR SITE MATERIALS BY YOU IS PROHIBITED.

Your Content

The Site may now or in the future allow users to select, input, upload, and share information and data in connection with the Site and allow you or other users to post, link, store, or otherwise make available a wide variety of information, text, and/or other materials in connection with use of the Site or portions of it, including features such as calendars, planning tools or folders, trackers, profiles or otherwise (collectively, “User Content”). You are solely responsible for your use of any User Content or User Content feature and use such User Content at your own risk. By posting any User Content, you represent and warrant that you own and control all of the rights to the User Content that you post, or that you otherwise have the lawful right to distribute and reproduce such User Content and to grant Company the license for the User Content described below and that your use and posting of such User Content does not violate these Terms or any Subscription Agreement (discussed below) you have with us, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for any third party.

By selecting and/or posting any User Content, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Site any of the following:

User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent, or otherwise objectionable (as determined in our sole discretion);
User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or violate any local, state, national, or international law;
User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that inappropriately provides private information of any third party including addresses, phone numbers, email addresses, Social Security numbers, health or location information, or similar information;
User Content that, in our sole discretion, is objectionable or which restricts or inhibits any other person from using and/or benefiting from our Site, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
User Content that is spam, is machine- or randomly-generated, contains unethical or unwanted commercial content, furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing); or
User Content that attempts to disrupt the Site or Services.

We take no responsibility and assume no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.

As a provider of services that may in certain ways be interactive, we are not liable for any statements, representations, User Content, or Advertiser and Corporate Partner Content (as defined below) provided by users in any form whatsoever in connection with the Site. Although we have no obligation to screen, edit, or monitor any of the User Content or Advertiser and Corporate Partner Content posted anywhere in connection with the Site, we reserve the right, and have absolute discretion, to remove, screen, or edit any User Content and Advertiser and Corporate Partner Content connected to the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.

We do not own the User Content you post on or otherwise select or submit to the Site, but in posting and/or otherwise submitting User Content to the Site, you grant us an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content and any information, data, or other material generated through the use of the Services on or in any and all media (now known or hereafter developed) to perform and provide Services or for our own business purposes in accordance with our Privacy Policy. You also hereby grant each user of the Site a non- exclusive license to access your User Content and any information, data, or other material generated through the access to or use of the Site, and to access, use, reproduce, distribute, prepare derivative works of, display, and perform such User Content and information, data, or other material generated through access to or use of the Site and under these Terms.

We may monitor use of the Site by all of our customers or visitors and use the data gathered in an aggregate and anonymous manner. You agree that we may use and publish such information, provided that such information does not incorporate any of your personal information and/or identify you.

Your Use and Obligations

Use of the Site is subject to these Terms and is only permitted within normal access or use of the Site and in conformance with any Subscription Agreement, you may have with us. Your access to or use of the Site grants you no right or license to reproduce, or otherwise use any Company or third-party trademarks except as expressly set forth herein. All goodwill generated from use of the Company’s marks will be inure to our exclusive benefit. Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Company.

You may access and use the Site only in compliance with these Terms, your Subscription Agreement, and all applicable local, state, national, and international law, rules, and regulations.

Absent breach by you of any of these Terms, and unless otherwise expressly permitted by Company, you are granted a limited, personal, non-transferable, non-sublicensable, revocable license to access our Site and, in connection with your Subscription Agreement, use the Site, and, as permitted, to electronically view, copy (except where prohibited without a license), and print to hard copy portions of the Site Materials.

However, in no case whatsoever shall you:

use any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any Site Materials or other content or information used by the Site;
use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
modify copies of any materials obtained from the Site;
use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text or without express authorization from Company;
harvest or otherwise collect information about others, including email addresses;
violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures used to prevent or limit access to the Site;
reverse engineer or alter the Site or the Site Materials or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
deep-link to any portion of the Site for any purpose, unless expressly authorized in writing by Company;
“frame,” “mirror,” or otherwise incorporate any part of the Site into any other website, unless expressly authorized in writing by Company;
transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material; any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms;
link to the Site from any website that is unlawful, abusive, indecent, or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Company’s sole discretion;
attack the Site or any portion thereof via a denial-of-service attack or a distributed denial-of-service attack;
attempt to bypass methods Company may use to prevent or restrict access to the Site;
disguise the origin of the information transmitted through the Site or to Company;
submit false or misleading information to Company;
delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site;
take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure or adversely affects the performance or function of the Site or any other computer systems or networks used by the Company;
use the Site or the Site Materials other than for their intended purpose and as expressly permitted by these Terms;
violate any applicable laws or regulations; or
otherwise, attempt to interfere with the proper working of the Site.

Further, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through our Site any of the following material or information:

any message, data, information, text, music, sound, photos, video, graphics, code, or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
material that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
material that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
material that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
unsolicited promotions or political campaigning; or
private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, or credit card numbers.

Any use of the Site or Site Materials not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you wish to make any use of material on the Site other than as set out in this section, please address your request to: info@newmefit.com.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Site Materials, except as follows:

your computer may temporarily store copies of the Site / Site Materials in Random Access Memory (RAM) incidental to your accessing and viewing those materials;
you may store files that are automatically cached by your web browser for display enhancement purposes;
you may print or download one copy of a reasonable number of pages of the Site and where we provide you access and downloadable documents on the Site, for your own personal or business use and not for further reproduction, publication, or distribution; or
if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal or business use, provided you agree to be bound by any applicable end-user license agreement for such applications.

Access to certain areas of our Site may be restricted. Any access to or use of the Site or the Site Materials other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted in these Terms and any Subscription Agreement you have with us. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. We reserve the right to restrict access to areas of our Site, or indeed our whole Site, at our discretion. We reserve the right to revoke your authorization to access or use the Site if we believe in good faith that you have violated these Terms or any laws whatsoever. Unless explicitly stated herein, nothing in these Terms or any Subscription Agreement you have with us will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The license granted by these Terms is revocable at any time. You acknowledge and agree Company may conduct an audit of all your records that pertain to the Site within the scope of the license granted herein electronically remotely at any time with respect to information or records available to us based on your interaction with us, or in person, provided that we give you reasonable notice of said audit and conduct the said audit during standard business hours between 8:00 a.m. to 5:00 p.m. or as otherwise agreed by you and us.

Commenting and Feedback

Company may allow the posting of comments on its Site, such as in its “Community” section or discussion forums. Any user failing to comply with the Terms may be expelled from and refused continued access to, the ability to post comments or material in the future. Company or its designated agents may remove or alter any user-created material at any time for any reason. Information and material posted within these public forums may be provided by Company, our outside contributors, and/or by users not connected with us, some of whom may employ anonymous user names. 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, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our subsidiaries, affiliates, officers, directors, agents, co-branders, or other partners, employees, or representatives be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed by anyone other than Company itself are solely the opinions of those parties and do not reflect the opinions of Company or any of its subsidiaries or affiliates.

You also acknowledge and agree that any feedback, including, but not limited to, suggestions, comments, ideas, or other information, provided by you in the form of email or other submissions (collectively, “Feedback”) to us is non-confidential and you hereby grant Company, its affiliates, subsidiaries, successors, and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable right to use such Feedback for any purpose without any compensation or attribution to you.

Purchases

Company reserves the right not to accept or process orders that do not comply with our business policies and/or vendor agreements. Items ordered via the Site may be subject to shipping or processing limitations, such as shipping only to physical addresses located in the United States, or no shipping to P.O. boxes or APO/FPO addresses, and applicable limitations may be noted in connection with available items or during the purchasing process. All Services and products offered by Company are provided subject to applicable U.S. federal, state, and local laws. Any offer for any product or service made on this Site is void where prohibited.

All orders are subject to acceptance by Company and availability. Unfortunately, the availability of products and services cannot be guaranteed. By submitting a purchase request to us (directly, or through our Site or our authorized vendors or affiliates) for any item, you represent and warrant that all information submitted to us in connection thereto is complete and accurate. At our discretion, purchase requests will be processed, but we reserve the right not to accept your purchase request at our sole discretion. In such a case, we may inform you by email or via your User Account.

Prices (if any) indicated on each item page are exclusive of applicable taxes. Prices are subject to change. However, such changes will not impact the price or the description of the items for which you have already submitted a purchase request.

You may pay for your order using the payment methods available on the Site. Unless otherwise specified at the time of purchase, you must pay for products or services when you place the order. By agreeing to these Terms, you represent that you are at least the age of majority in your state or country of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this Site. The price for the purchase of items and the corresponding costs for shipping, delivery, and/or tax, as indicated by Company, may be charged to your chosen available payment method. You agree to pay Company (or our authorized vendors or affiliates) in full as identified in the purchase process via the Sites or the third-party method. To ensure that your credit card or other payment method is not being used without your consent, Company (or our authorized vendors or affiliates) may validate your name, address, and certain other personal information supplied by you in placing the order. Company reserves the right to implement any additional and/or other payment security systems from time to time.

Refunds and Returns

Refunds, if available for the product or Service ordered, of any payment to be received by you may take place using the same method of payment you chose during the check-out procedure. Company, including any of its authorized vendors or affiliates, will not be responsible for any delays or conditions beyond its control, including without limitation delays caused by the method of payment/refund or those attributable to the card issuer or payment service.

Third-Party

The Site allows (or may in the future allow) you to select, input, upload, and share information and data in connection with and through designated user accounts maintained by you on certain third-party social media platforms or via third parties for services (together, “Third-Party Services”). The Site allows (or may in the future allow) you to access Third-Party Services using the Site to post, link, message users of Third-Party Services, or otherwise act on a wide variety of information accessed by the Site and originating from user accounts on Third-Party Services, and to collect data and generate reports based on these activities (collectively, “User Materials”). You are solely responsible for User Materials. By accessing Third-Party Services through the Site, you represent and warrant that you have the lawful right to access such Third-Party Services and that the creation, distribution, and reproduction of the User Materials complies with the terms applicable to the Third-Party Services. You shall ensure that your use of the Site, including access to or use of User Materials with the Site and Third-Party Services, does not contain code, files, content, or programs that may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, by introducing viruses or similar code into the Site, hosted systems or servers, or systems or servers maintained by providers of Third-Party Services accessed through the Site. Company is not responsible for any loss or damage to User Materials. You assume all risks for the User Materials and are solely responsible for protecting and backing up the same.

The Site may also contain links to sites, third parties, or content not under the control of Company. Company does not assume, and expressly disclaims any and all, responsibility for the sites and/or content of any page or material not of the Site. Links to third-party websites on the Site are provided solely as a convenience to you. Company has not reviewed these third-party websites, and does not control and is not responsible for any such sites or content displayed thereon. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk, and the inclusion of any third-party link on the Site does not imply any endorsement or guarantee whatsoever by Company of such third-party site. If you have questions or concerns about any Third-Party Services or material available through such, you may contact us at info@newmefit.com. Once you link to a third-party site, you are subject to the terms of use and privacy policy of such site.

Promotions

If we offer promotions, they will be subject to additional terms and conditions to which you must agree before entering (“Promotions Rules”). The Promotions Rules are considered part of these Terms and therefore part of the binding legal agreement between you and us. Please read any Promotions Rules carefully before entering.

Termination

You are solely responsible for properly closing any User Account or terminating any Subscription Agreement you may have with us if you no longer desire to pay for or use the relevant subscriptions, products, or Services. Written notice of termination by either you or us must be sent forty-eight (48) hours prior to your renewal date, or pursuant to the terms of any User Account or Subscription Agreement, and such termination becomes effective at the end of the then-current subscription term. Termination is not available during any designated free trial period. To close your User Account or terminate your Subscription Agreement, please email us at mel@newmefit or as otherwise indicated by Company from time to time. Suspension, amendment, or termination does not relieve your obligation to pay amounts due and owing to Company.

If you do not amend your subscription to another subscription, upon terminating your Subscription Agreement or any User Account you have with us, you will immediately lose all access to the relevant subscriptions, products, or Services and any data or information stored within your User Account or associated with the canceled Subscription Agreement.

If you upgrade or downgrade your Subscription Agreement, your credit card or other payment providers as indicated in your User Account information may be immediately charged for the new subscription fees as stated in your new Subscription Agreement. Any downgrading of your subscription becomes effective at the end of your then-current subscription term and may cause the loss of User Account content, features, or capacity. Company disclaims liability for any such loss.

Upon suspension or termination for any reason, Company will cease providing the suspended or terminated Services; Company shall delete or confirm you have deleted all copies of any relevant Company software or data from your webpage(s) or computers; any outstanding balance you owe to Company will become immediately due and payable and any collection expenses incurred will be included in the amount owed; you will not be entitled to any refunds of any subscription fees or any other fees, unless expressly agreed by Company; and all of your historical report data will no longer be available to you through Company. Refunds are not granted after seven (7) days after the start of your Subscription Agreement, or at any time if any coupon or discount has been applied or if you have participated in the Free Trial option. You understand and acknowledge that, unless and until all Company software and data is deleted from your webpage, computers, or User Account, we may continue to track data on an automated basis. Upon termination, you agree to discontinue all use of the Services and to delete any Confidential Information (as defined herein) in your systems within one hundred eighty (180) days after the effective date of termination.

Company may terminate or suspend your access to use the Site, and block or prevent your future access to and use of the Site, without prior notice or liability, if you breach this Agreement, or for any other reason.

Electronic Communications

By accessing the Site and submitting to us your contact information, you consent to receive electronic communications from us. Such communications may include notices about your User Account and information concerning or relating to the Site. You agree that any electronic notices, signatures, acknowledgments, transfers, agreements, disclosures, or other communications will satisfy any legal communication requirements, including any requirements that such communications be in writing.

Legal Indemnification

You agree, at your sole expense, to defend, indemnify, and hold us, our independent contractors, service providers, and consultants, and their respective directors, employees, and agents, harmless from and against any and all actual or threatened suits, actions, legal proceedings, judgments, and any other legal claims, damage awards, or other compulsory payment or performance of any kind arising out of, resulting from, attributable to or in any way incidental to (a) your access to or use of the Site and/or the Site Materials; (b) your conduct; (c) your violation of these Terms; (d) your violation of the rights of any third party; or (e) any User Content posted by you. Company is not liable for any loss or damage that results from your failure to comply with your obligations in these Terms or from unauthorized access to or use of your User Account or Subscription.

We will, at our election and expense, either defend you from or settle any claim, proceeding, or suit (“Claim”) brought by a third party against you alleging that your use of the portion of the Site provided by us infringes or misappropriate any patent, copyright, trade secret, or trademark, right of any third party, and indemnify you from all damages, costs, and attorneys’ fees finally awarded in any such Claim or paid to any third party to settle any such Claim, subject to the following limitations: our obligation under this section is contingent on your giving us prompt written notice of the Claim; you're granting us full and complete control over the defense and settlement of the Claim; and your providing assistance in connection with the defense and settlement of the Claim as we may reasonably request, at our cost. You will not defend or settle any Claim eligible for indemnification under this section without our prior written consent. Our obligation to indemnify, defend, or settle under this section is obviated should you alter the Site or any Site Materials, or use such contrary to these Terms or the terms of your Subscription Agreement if you use a version of such that has been superseded, if the Claim could have been avoided by using an unaltered current version of the Site or Site Materials provided to you, or if you continue to use relevant portions of the Site or Site Materials after the end of your license. Further, Company shall not indemnify you to the extent that an infringement claim is based upon any information, design, specification, instruction, software, data, or material not furnished by us, for any portion of a Claim that is based upon the combination of the Site or Site Materials with any products or Services not provided by Company, for infringement or a Claim caused by your actions against any third party if the Site or Site Materials as delivered to you and used in accordance with the Terms or your Subscription Agreement would not otherwise infringe or violate any third-party rights, or for any Claims known to you at the time licensed rights are obtained.

If you are enjoined or otherwise prohibited from using the Site or a portion thereof based on an allegation that the Site violates any third party intellectual property right (including a Claim), or if we reasonably determine that such prohibition is likely, then we will, at our sole expense and option: (a) obtain for you the right to use the allegedly infringing portions of the Site; (b) modify the allegedly infringing portions of the Site so as to render them non-infringing without substantially diminishing or impairing their functionality, or (c) replace the allegedly infringing portions of the Site with non-infringing items of substantially similar functionality. If we determine that the foregoing remedies are not commercially reasonable, then we may terminate the impacted Subscription Agreement, or portion thereof, and will promptly provide a prorated refund to you for any prepaid fees received by us for any Services properly engaged that have not yet been performed at the time of termination. However, we will have no obligation for any infringement or misappropriation to the extent that it arises out of or is based upon use of the Services in combination with other products or Services if such infringement or misappropriation would not have arisen but for such combination; any aspects of the Site that are provided to comply with designs, requirements, or specifications required by or provided by you if the alleged infringement or misappropriation would not have arisen but for the compliance with such designs, requirements, or specifications; use of the Site by you for purposes not intended or outside the scope of the license granted to you; your failure to use the Site in accordance with written instructions provided by us, if the infringement or misappropriation would not have occurred but for such failure; or any modification of the Site not made or authorized in writing by us where such infringement or misappropriation would not have occurred absent such modification.

This section states Company’s sole and exclusive liability, and your sole and exclusive remedy, for the actual or alleged infringement or misappropriation of any third-party intellectual property right by the Site.

Professional Advice Disclaimer

The material on the Site is provided for educational purposes only and is not to be used for medical advice, diagnosis, or treatment. Use of the Site is subject to our Terms. You acknowledge that participation in fitness activities via the Site involves strength, flexibility, aerobic, cardio, and other exercises, including the use of equipment, all of which can be potentially hazardous activities. You accept full responsibility for the location where you engage in fitness activities via the Site, you acknowledge that Company has no control over the location that you choose and that the location of participation in fitness activities involves additional risks, including, but not limited to, those caused by terrain, facilities, temperature, weather, environment, vehicular traffic, lack of hydration, and actions of other people.

THE SITE OFFERS HEALTH, FITNESS, AND NUTRITIONAL INFORMATION AND IS DESIGNED 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. 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 OR VIEWED ON THE SITE. THE USE OF ANY INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY OF OUR SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH-CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL MEET YOUR PERSONAL OR PROFESSIONAL NEEDS, OR THAT WE WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE SITE.

THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS, AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

By using the Site you: (a) acknowledge and agree that you are voluntarily participating in fitness activities provided via the Site; (b) hereby assume and accept any and all risks of injury, physical harm, or death; (c) acknowledge and represent that you are physically sound and do not suffer from any illness, impairment, disease, or other condition that would prevent you from participating in fitness activities, performing any exercises, or using any equipment; and (d) knowingly and voluntarily, on behalf of yourself and your heirs and assigns, forever waive, release, discharge, and hold harmless Company and its subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, representatives, and each of their respective successors and assigns, individually and collectively, from any and all liability, damages, losses, suits, demands, causes of action (including, without limitation, negligence), or other claims of any nature whatsoever, including, without limitation, any losses for property damage, personal injury, or death, arising out of or relating in any way to your participation in the fitness activities provided via the Site.

Warranties Disclaimed

THE SITE, THE SITE MATERIALS, AND ALL USER CONTENT, OTHER SUBMISSIONS, AND OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITE AND THE SITE MATERIALS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. COMPANY AND OUR LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMPANY AND OUR LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE PERMISSIBILITY OF THE SITE IN YOUR JURISDICTION, THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE SITE, THE SITE MATERIALS, AND ANY THIRD-PARTY OR USER CONTENT. COMPANY AND OUR LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH THE SITE OR RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR ANY USER CONTENT, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR ANY USER CONTENT.

YOU AGREE THAT YOUR ACCESS TO OR USE OF THE SITE, THE SITE MATERIALS, AND ALL USER CONTENT SHALL BE AT YOUR SOLE RISK.

To the extent that another party may have access to or view content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE ACCESS TO OR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT, AT YOUR OWN DISCRETION AND RISK. COMPANY DOES NOT WARRANT THAT THE SITE, THE SITE MATERIALS, OR ANY USER CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST, OR THAT THE SITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN SUCH AN EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE ACCESS TO OR USE OR THE RESULTS OF THE ACCESS TO OR USE OF THE SITE, THE SITE MATERIALS, OR ANY USER CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST COMPANY, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WITH RESPECT TO THE SITE, GOODS OR SERVICES PROVIDED BY US, THE SITE MATERIALS, AND THE USER CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SITE, AND NO WARRANTIES WILL APPLY AFTER SUCH PERIOD.

Limitation of Liability

COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT, INCLUDING NEGLIGENCE, SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY:

PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, THE SITE MATERIALS, OR ANY USER CONTENT;
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY; AND/OR
ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE BY COMPANY OR OUR USERS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY EXCEED $100.00. THIS ALLOCATION OF RISK UNDER THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS SET FORTH IN THESE TERMS. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR LIABILITY ARISING OUT OF COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS OR ANY APPLICABLE SUBSCRIPTION AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO COMPANY UNDER THE APPLICABLE SUBSCRIPTION AGREEMENT DURING THE SIX (6) MONTHS PRECEDING THE CLAIM (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION).

EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN YOU AND COMPANY. THIS ALLOCATION IS REFLECTED IN PRICING OFFERED BY COMPANY TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Except for actions for nonpayment or breach of proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either you or Company more than one (1) year after the cause of action has accrued.

Questions and Contact Information

Questions, comments, and any other correspondence regarding our site may be directed to us at the email address info@newmefit.

Last Update: 27 April 2022

NEWMEFIT