Terms
Fit Armadillo Terms of Use
Thanks for visiting Fit Armadillo, the website and online platform for fitness sessions (the “Service”), operated by Fit Armadillo LLC (“Fit Armadillo”). The Terms of Use are a legally binding agreement between you and Fit Armadillo regarding your use of the Site and Service. By using the Site and Service, you acknowledge that you have read, understood and agree to be bound by the Terms of Use, including any additional guidelines, the Fit Armadillo Privacy Policy, and any future modifications thereof (collectively, the “Agreement”), whether or not you become a “Member” by registering an account on the service. If you object to anything in this Agreement or the Fit Armadillo Privacy Policy, please immediately terminate your use of the Service.
Eligibility. You must be at least eighteen (18) years of age to register as a member of Fit Armadillo or use the Service. Membership in the Service is restricted to natural persons. Membership in the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Privacy. Your privacy is important to us. The Fit Armadillo Privacy Policy (“Privacy Policy”) is hereby incorporated into this Agreement by reference. Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information.
Individual Features and Services. When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference in this Agreement. To the extent that any terms of the Terms of Use conflict with any Guidelines, the Terms of Use shall control.
Modification of Terms. Fit Armadillo reserves the right, in our sole discretion, to change, modify, add, or remove portions of this Agreement at any time without notice to you. Please check the Terms of Use and any Guidelines periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
Membership. When you register for an account on Fit Armadillo, you become a Member of Fit Armadillo. At the time of registration you may choose to become a Member as either a Client or as a Certified Fitness Professional as defined below.
Client Membership. Members using the Service to receive training, instruction, and guidance provided by Fit Armadillo's registered Fitness Professionals, as described below, are “Clients”. Registering as a Client is free of charge. Once registered, Clients can use the Service to schedule instructional and training events and lessons (each a “Training Session”). Clients will be presented with the cost of each Training Session during the scheduling process. Payments for each Training Session will be processed at the time of scheduling the Training Session or shortly thereafter. Clients may also decide to purchase “Prepaid Packages“ which entitle them to a pre-determined number of Training Sessions in a given period of time. The terms of these Prepaid Packages are set forth on the site. Additional terms governing payment are found in this document. Once scheduled, your right to cancel a Training Session is governed by the terms set below.
Certified Fitness Professional Membership. Members using the service to offer training, instruction, or guidance to Clients are “Certified Fitness Professionals.” In the Fit Armadillo Service, Certified Fitness Professionals may be called “Fitness Professionals,” “Personal Trainers” or other terms depending on the training, instruction or guidance they offer through the Service.
Registration. Upon registration for a Certified Fitness Professional Membership, you are required to provide certain information about your certification, education and qualifications as a fitness instructor. By providing this information, you authorize a background check to verify the accuracy of the information provided to be conducted by Fit Armadillo, contractors or authorized third-parties. Fit Armadillo will not approve Certified Fitness Professional Memberships that are not verified. Fit Armadillo reserves the right to reject your Certified Fitness Professional Membership for any reason.
Revenue Share. Fit Armadillo shall pay to Certified Fitness Professionals the Revenue Share. As used herein, the “Revenue Share” shall mean an amount equal to the percentage of revenue actually received (in US dollars) for each Training Session transaction executed on the Service, less certain costs deducted in accordance with Fit Armadillo's then-current practices or policies as may be changed from time to time without notice, including without limitation, transaction fees, charge backs, bad debt, taxes, commissions, referral fees and technology fees related to the Service. The percentage of revenue paid to a particular Certified Fitness Professional as the Revenue Share will be presented and agreed to by the Certified Fitness Professional during the registration process. For each applicable month during the term of this Agreement, Fit Armadillo shall disburse to the Certified Fitness Professional Revenue Share payments within 30 days of the close of each calendar month. Fit Armadillo may choose to disburse payments more frequently, such as making payments every 14 days, but is under no obligation to do so. To the extent any dispute arises regarding the Revenue Share amounts due to Fit Armadillo, the Parties hereby agree that Fit Armadillo's records with respect to the amounts to be paid shall control.
Insurance. Fit Armadillo recommends that Certified Fitness Professionals purchase appropriate general liability and professional liability insurance prior to using the Fit Armadillo Service.
Relationship between Fit Armadillo and Certified Fitness Professionals. THE CERTIFIED FITNESS PROFESSIONALS REFERENCED IN THIS AGREEMENT AND THROUGH THE SERVICE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF FIT ARMADILLO. FIT ARMADILLO IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF CERTIFIED FITNESS PROFESSIONALS OR FROM ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
Billing.
General. Fit Armadillo bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Fit Armadillo all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Fit Armadillo to charge your chosen payment provider (your "Payment Method"), such as PayPal, for your use of the Service. You agree to make payment using your selected Payment Method. Fit Armadillo reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Current Information Required. YOU MUST PROMPTLY NOTIFY FIT ARMADILLO IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Fit Armadillo does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand, or Fit Armadillo may suspend or terminate your access to the Service.
Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Fit Armadillo is authorized to charge your Payment Method. Fit Armadillo may submit those charges for payment and you will be responsible for such charges. This does not waive Fit Armadillo's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described on the applicable payment screen.
Refunds. Fit Armadillo does not provide refunds for Fitness Sessions. If you terminate your Membership, you may use your Certified Fitness Professional Membership until the end of your then-current term; your Membership will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the Membership Fee paid for the then- current period.
Beta Trials, Packages and Other Promotions. Any beta trial, package or other promotion, must be used within the specified time of the trial. You must choose to terminate your access to the feature or service before the end of the trial period in order to avoid being charged the applicable fee. If you terminate access prior to the end of the trial period and are inadvertently charged a fee, please contact Fit Armadillo to have the charges reversed.
Pricing. Fit Armadillo attempts to make all prices published through the Service accurate. In the event that we have provided an inaccurate price or incorrect information due to error either by us or by a Certified Fitness Professional, we reserve the right to refuse or cancel purchases made through the system. When a purchase is cancelled due to pricing error, we will provide a refund of the purchase price. Price quotations listed on the Site or elsewhere in the Service are subject to change without notice prior to purchase. Prices listed on the site are per person, unless otherwise noted.
Cancellation of Training Sessions. Clients and Certified Fitness Professionals may cancel Training Sessions between the time the Client schedules a Training Session and 24 hours prior to the scheduled commencement of the Training Session (the “Cancellation Period”).
If a Client or Certified Fitness Professional cancels a Training Session during the Cancellation Period, the Client will receive a full refund for the cost of the Training Session, and the Certified Fitness Professional will not receive the Revenue Share for the Training Session.
If the Client cancels a Training Session outside of the Cancellation Period, the Client will not receive a refund. The Certified Fitness Professional will receive the Revenue Share for the Training Session.
If the Certified Fitness Professional cancels a Training Session outside of the Cancellation Period, the Client will receive a refund. The Certified Fitness Professional will not receive the Revenue Share for the Training Session.
Your Interactions with Other Members and Visitors to the Site.
You are solely responsible for your interactions with other Members and Visitors to the Site. Fit Armadillo makes no representations or warranties as to the conduct of Members and shall not be in any way liable for any conduct of any Member. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if Clients and Certified Fitness Professionals decide to meet offline or in person. You should not provide your financial information (for example, your credit card or bank account information) to other Members.
Release. You hereby release Fit Armadillo from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other users on the Service.
Term and Termination. This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may terminate your membership, subject to the terms related to cancellation of membership contained in this Agreement, at any time, for any reason, by emailing us a written notice at: info@Fit Armadillo.com. If you terminate your membership via the Fit Armadillo.com site, to help Fit Armadillo analyze and improve the Service, you may be asked to provide a reason for your termination. Fit Armadillo may, in its sole discretion and for any or no reason, terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Fit Armadillo. If Fit Armadillo terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund. All decisions regarding the termination of accounts shall be made in the sole discretion of Fit Armadillo. Fit Armadillo is not required to provide you notice prior to terminating your membership. Fit Armadillo is not required to disclose, and may be prohibited from disclosing, a reason for the termination of your account.
Account Security. You are responsible for maintaining the confidentiality of the username and password that you use to register for and use the Service. You agree to (a) immediately notify Fit Armadillo of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Fit Armadillo will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Content on Fit Armadillo.
Proprietary Rights. Fit Armadillo, and its licensors, own and retain all proprietary rights in the Service. The Service contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of the Service (the “Fit Armadillo Materials”) that are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any Fit Armadillo Materials. Fit Armadillo Materials do not include User Content (as defined below) or other content submitted by users. Fit Armadillo retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Service or Fit Armadillo Materials, except for the limited rights set forth in this Agreement.
Reliance on Content. Advice, opinions, statements, offers, or other information or content, including without limitation User Content (as defined below), made available through the Service, but not directly by Fit Armadillo, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Fit Armadillo does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Service. Under no circumstances will Fit Armadillo or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Service or transmitted to or by any users or Members.
Content Posted by You on the Service.
Accurate Content. You are solely responsible for the User Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
Moderating Content. You understand and agree that Fit Armadillo may, but has no obligation to, moderate, review and delete any content, comments, messages, photos or profiles (collectively, "User Content"), in each case in whole or in part, that in the sole judgment of Fit Armadillo, violates this Agreement, might be offensive or illegal, or that might violate the rights or safety of Members.
License to User Content. By posting User Content to any public area of Fit Armadillo, you automatically grant, and you represent and warrant that you have the right to grant, to Fit Armadillo, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each user and Member of the Service a non- exclusive license to access your User Content, in each case as permitted by the functionality of the Service and this Agreement. The above license granted by you shall survive any termination or expiration of this Agreement.
Representations and Warranties. In connection with the User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to post the User Content to the Service, to authorize Fit Armadillo to use the User Content in the manner contemplated by Fit Armadillo and this Agreement, and to grant the rights and licenses set forth above, (ii) the public posting and use of your User Content by Fit Armadillo and other users and Members will not infringe or violate the rights of any third party or violate any applicable law or regulation.
Prohibited User Content. The following is a partial list of the kind of User Content that is illegal or prohibited on the Service. Fit Armadillo reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, User Content that:
is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually oriented, racially offensive, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Member Profile. All information you include in your Member profile, including without limitation the information in your Billing Account (as defined above), must be accurate, current and complete. If information provided to Fit Armadillo, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Fit Armadillo of such change.
Prohibited Activities. Fit Armadillo reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
You will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not express or imply that any statements you make are endorsed by Fit Armadillo without our specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
You will not interfere with or disrupt the Service or the site or the servers or networks connected to the Service or the site.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the Service or the Service, without Fit Armadillo's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Fit Armadillo or the Service or the site in order to direct any person to any other web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.
Modifications to Service. Fit Armadillo reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fit Armadillo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Blocking of IP Addresses. In order to protect the integrity of the Service, Fit Armadillo reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Service.
Copyright Policy.
DMCA Notice. It is Fit Armadillo's policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers". If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Fit Armadillo's Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Fit Armadillo to locate the material.
Information reasonably sufficient to permit Fit Armadillo to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please also note that Fit Armadillo may, at our sole discretion, send a copy of such notices to a third-party for publication. For example, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.
Counter Notice. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Fit Armadillo may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
DMCA notices should be directed to Fit Armadillo customer service through info@Fit Armadillo.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Repeat Infringer. Please note that Fit Armadillo will promptly terminate without notice any user's or Member's access to the Service if that user or Member is determined by Fit Armadillo to be a "repeat infringer." A “repeat infringer” is a user or Member who has been notified by Fit Armadillo of infringing activity violations more than twice and/or who has had their User Content or any other user- submitted content removed from the Service more than twice. In addition, Fit Armadillo accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
Disclaimers.
Results Not Guaranteed. FIT ARMADILLO DOES NOT GUARANTEE ANY RESULTS FROM USE OF THE SERVICE. FIT ARMADILLO DOES NOT ENDORSE ANY FITNESS OR NUTRITION PROGRAM OFFERED THROUGH THE SERVICE. ANY STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY CERTIFIED FITNESS PROFESSIONALS OR OTHER USERS OF THE SERVICE ARE SOLELY ATTRIBUTABLE TO THE CERTIFIED FITNESS PROFESSIONAL OR USER. FIT ARMADILLO IS NOT LIABLE FOR ANY STATEMENTS OR GUARANTEES MADE BY CERTIFIED FITNESS PROFESSIONALS OR OTHER USERS.
No Warranties; “As Is,” “As Available,” and “With All Faults”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIT ARMADILLO, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT ANY ADVICE THAT MAY BE POSTED ON THE SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE SERVICE, USER CONTENT AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
Operation and Content. FIT ARMADILLO IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE SERVICE, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. FIT ARMADILLO ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. FIT ARMADILLO IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE.
User and Member Conduct. FIT ARMADILLO IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL FIT ARMADILLO OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICE, ANY CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE. FIT ARMADILLO IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OCCURRING AT VENUES OR ANY INTERACTION BETWEEN A USER OF THE SERVICE AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF A VENUE OR OTHER PATRONS OF A VENUE. FIT ARMADILLO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE.
Links and Third Party Services. The Service may provide, or third parties may provide, links or functionality in the Service to other websites or third party resources (“Third Party Services”). Because Fit Armadillo has no control over Third Party Services, you acknowledge and agree that Fit Armadillo is not responsible for the availability of the Third Party Service, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from the Third Party Services. You further acknowledge and agree that Fit Armadillo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through Third Party Services. ACCESS AND USE OF THIRD PARTY SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SERVICES OR AVAILABLE THROUGH THIRD PARTY SERVICES, IS SOLELY AT YOUR OWN RISK. When you leave the Service, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Third Party Service.
FitArmadillo.com is owned and operated by Fit Armadillo and may contain advertisements, sponsored content, paid insertions, affiliate links or other forms of monetization.
Fit Armadillo abides by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in this blog. That content, advertising space or post will be clearly identified as paid or sponsored content.
Fit Armadillo is never directly compensated to provide opinion on products, services, websites and various other topics. The views and opinions expressed on this website are purely those of the authors. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.
This site does not contain any content which might present a conflict of interest.
Release of Liability for Injury or Death; Limitation on Liability; Damages.
Release of Liability for Injury or Death. YOUR PARTICIPATION IN TRAINING SESSIONS OR OTHER PROGRAMS THROUGH THE FIT ARMADILLO SERVICE IS AT YOUR OWN RISK.
Exercise Programs of any Kind represent an Inherent danger to participants. NEITHER FIT ARMADILLO NOR CERTIFIED FITNESS PROFESSIONALS ARE LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT RESULTS FROM USE OF THE SERVICE INCLUDING PARTICIPATION IN TRAINING SESSIONS. YOU RELEASE FIT ARMADILLO AND CERTIFIED FITNESS PROFESSIONALS FROM ALL LIABILITY FOR INJURY OR DEATH THAT RESULTS FROM YOUR PARTICIPATION IN A TRAINING SESSION OR USE OF THE FIT ARMADILLO SERVICE. FIT ARMADILLO WILL NOT BE LIABLE TO CERTIFIED FITNESS PROFESSIONALS FOR ANY INJURY OR DEATH THAT RESULTS FROM CERTIFIED FITNESS PROFESSIONALS USE OF THE SERVICE AND IF YOU ARE A CERTIFIED FITNESS PROFESSIONALS, YOU RELEASE FIT ARMADILLO FROM ANY SUCH LIABILITY. Members should consult a physician before beginning use of the service or any exercise program or training session. not all exercise programs OR training sessions are appropriate for all members. PLEASE CHECK ALL EQUIPMENT AND THE AREA IN WHICH YOU ARE USING THE SERVICE FOR ANY DANGEROUS CONDITIONS. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, FIT ARMADILLO'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event, and under no legal theory, including without limitation negligence, will Fit Armadillo or its affiliates, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if Fit Armadillo has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, Fit Armadillo's liability will be limited to the extent permitted by law.
Limitation of Damages. In no event shall Fit Armadillo or its affiliates, contractors, employees, agents, or third party partners, licensors or suppliers' total liability to you for any cause whatsoever (whether in contract, tort (including negligence), warranty, or otherwise), and regardless of the form of the action, exceed the greater of: (i) one hundred dollars or (ii) the amount paid by you to Fit Armadillo for the Service in the 12 months prior to the action giving rise to the liability.
Indemnity by You. You agree to indemnify and hold Fit Armadillo, its parent, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including reasonable attorney's fees, made by any third party due to or arising out of (i) your use of the Service, (ii) your violation or breach of this Agreement, (iii) your User Content, or (iv) any breach of your representations and warranties set forth above. Fit Armadillo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Fit Armadillo. Fit Armadillo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Miscellaneous.
Notice. Fit Armadillo may provide you with notices, including those regarding changes to this Agreement, by email or postings on the Service. Notice will be deemed given 24 hours after the email is sent, unless Fit Armadillo is notified that the email address is invalid. Alternatively, we may give you notice through a mechanism made available through the Service, such as through the use of a pop-up on the Service.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
U.S. Export Controls. Software from this Service (the "Software") is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Jurisdiction and Choice of Law. In the event of any dispute arising out of the Service, by using the Service, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, in Harris County, for the resolution of any such dispute.
Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Fit Armadillo to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
Entire Agreement. This is the entire agreement between you and Fit Armadillo relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in writing, signed by both parties, or by a change to the Agreement or Guidelines made by Fit Armadillo as set forth in Section 4 above.
Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Assignment. The Agreement, and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fit Armadillo without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
Claims. YOU AND FIT ARMADILLO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosure. The Service is offered by Fit Armadillo LLC located in HERMOSA BEACH, CA.
Fit Armadillo Privacy Policy
Welcome, and thank you for your interest in Fit Armadillo LLC. (“Fit Armadillo”) and the Fit Armadillo Service, as described in the Fit Armadillo Terms of Use.
This Privacy Policy describes what information we gather from you, how we use and disclose that information, and what we do to protect it. By using the Fit Armadillo Service, you expressly consent to the information handling practices described in this policy.
This Privacy Policy is incorporated into and is subject to the Fit Armadillo Terms of Use.
The Information Fit Armadillo Collects:
User-Provided Information: You may provide to Fit Armadillo what is generally called “personally identifiable” information (such as your name, email address, postal mailing address, home/mobile telephone number, or demographic information) when using the Fit Armadillo Service, such as when you register for the site, create User Submissions, and schedule Training Sessions.
“Cookies” Information: When you use the Fit Armadillo Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. Fit Armadillo may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Fit Armadillo Service. Persistent cookies can be removed. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Fit Armadillo Service, you may not be able to utilize the features of the Fit Armadillo Service to their fullest potential.
“Automatically Collected” Information: When you use the Fit Armadillo Service or open one of our HTML emails, we may automatically record certain information from your web browser by using different types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include Internet Protocol address (“IP Address”) or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after the Fit Armadillo Service, the pages you view on the Fit Armadillo Service, and the dates and times that you visit the Fit Armadillo Service.
Information from Other Sources: We may also obtain information, including personally identifiable information, from third parties and sources other than the Fit Armadillo Service, such as advertisers, or other users who import your email address from their address book. We may also, at your direction, receive information from third party service that provide a mechanism to expose information you have provided to such third party through the use of an application program interface (API), such as Facebook Connect. If we combine or associate information from other sources with personally identifiable information that we collect through the Fit Armadillo Service, we will treat the combined information as personally identifiable information in accordance with this Privacy Policy.
The Way Fit Armadillo Uses Information:
Fit Armadillo uses the information you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the Fit Armadillo Service. We will use your email address to contact you for administrative purposes, such as confirming Training Sessions, for customer service purposes, to address intellectual property infringement, rights of privacy, or defamation issues, or regarding User Submissions that you have posted to the Fit Armadillo Service.
Fit Armadillo uses all of the information that you provide or that we collect to understand and analyze the usage trends and preferences of our users, to improve the way the Fit Armadillo Service works and looks, and to create new features and functionality.
Fit Armadillo may use “automatically collected” information and “cookies” information to: (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Fit Armadillo Service; (b) provide customized third party advertisements, content, and information; (c) monitor and analyze the effectiveness of Fit Armadillo Service and third party marketing activities; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities.
Fit Armadillo may use your email address or other personally identifiable information to send you i) messages about the Fit Armadillo Service, such as when you receive a friend request or a recommendation, ii) promotional messages related to the Fit Armadillo Service and the activities of third parties we work with, and iii) messages on behalf of other users who think you may be interested in the Fit Armadillo Service. You will have the ability to opt-out of receiving any such communications, either through links provided in the messages, or by updating your account preferences through the Fit Armadillo Service.
Fit Armadillo may use certain information provided during the Certified Fitness Professional registration process, such as your name and your certifications, qualification, and other credentials, to perform a background check to verify the accuracy of the information you have provided.
When Fit Armadillo Discloses Information:
Your privacy is very important to us, and we are not in the business of selling your information. We do, however, disclose your personally identifiable information in a variety of circumstances.
The Fit Armadillo Service enables users to communicate in a variety of ways. Any personally identifiable information that you voluntarily choose to include in a publicly accessible area on the Fit Armadillo Service, such as a public profile page or in a review or other User Submission, will be available to other users who access that content. This also applies to information you choose to make available through Fit Armadillo features that connect to third party services, such as Twitter and Facebook. Fit Armadillo may also syndicate content exposed in public areas of the site to third party services. Once you make your personally identifiable information available any of these ways, it may be collected and used by the recipients without restriction.
Fit Armadillo may disclose information that you voluntarily choose to include upon registration or profile creation, such as your fitness assessment or fitness goals, with a Certified Fitness Professional when you schedule a Training Session. If you choose not to share you fitness assessment or fitness goals with your Certified Fitness Professional, you must opt-out of sharing this information either at the time of registration or by using the privacy settings on your profile page.
Fit Armadillo discloses automatically collected and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Fit Armadillo Service.
Fit Armadillo works with third party service providers to provide website hosting and maintenance as well as other services for us. To the extent it is necessary for these service providers to complete their contractual obligations to Fit Armadillo, these third parties may have access to or process your personally identifiable information. Generally, these disclosures are made under terms comparable to this policy, and the recipients are limited to using the information the purpose for which it was provided.
Fit Armadillo may also disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement activity.
Fit Armadillo also reserves the right to disclose your information that we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect Fit Armadillo and others from fraudulent, abusive, or unlawful uses or activity; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Fit Armadillo Service; or to protect the rights, property, or personal safety of Fit Armadillo, our users, or others.
Fit Armadillo may disclose certain information provided during the Certified Fitness Professional registration process, such as your name, and your certifications, qualification, and other credentials, to third parties to conduct a background check to verify the accuracy of the information you have provided.
Your Choices:
You may, of course, decline to share certain personally identifiable information with Fit Armadillo, in which case Fit Armadillo may not be able to provide to you some of the features and functionality found on the Fit Armadillo Service. You may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page through the Fit Armadillo Service. Please note that while your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.
To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Third Party Services:
The Fit Armadillo Service contains links to Web sites and services provided by third parties. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party's policies, if any, governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links are displayed on the Fit Armadillo Service. We encourage you to learn about third parties' privacy and security policies before providing them with personally identifiable information.
Our Commitment to Children's Privacy:
Protecting the privacy of young children is especially important. For that reason, Fit Armadillo does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age, and no part of the Fit Armadillo Service is directed to persons under 13. If you are under 13 years of age, then please do not use or access THE Fit Armadillo SERVICE at any time or in any manner. If Fit Armadillo learns that personally identifiable information of persons less than 13-years-of-age has been collected on the Fit Armadillo Service without verifiable parental consent, then Fit Armadillo will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained an account on the Fit Armadillo Service, then you may alert Fit Armadillo at info@Fit Armadillo.com and request that Fit Armadillo delete that child's personally identifiable information from its systems.
Our Commitment to Data Security:
Fit Armadillo uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to Fit Armadillo, and you do so at your own risk. Once we receive your transmission of information, Fit Armadillo makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If Fit Armadillo learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Fit Armadillo may post a notice through the Fit Armadillo Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at privacy@Fit Armadillo.com.
International Visitors:
This Site is hosted in the United States. If you are an international visitor, you should note that by providing your personally identifiable information, you are: (i) permitting the transfer of your personally identifiable information to the United States which may not have the same data protection laws as the country in which you reside; and (ii) permitting the use of your personally identifiable information in accordance with this Privacy Policy.In the Event of Merger or Sale:
In the event that all or a portion of Fit Armadillo or its assets are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users in connection with such merger, acquisition, sale, or other change of control.
Changes and Updates to this Privacy Policy:
Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which may be revised periodically at Fit Armadillo's sole discretion, as provided in Section 4 of the Fit Armadillo Terms of Service. If we modify the Privacy Policy, we will make it available through the Fit Armadillo Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Fit Armadillo Service for the first time after such material changes are made. Our amended Privacy Policy will automatically take effect 30 days after it is made available through the Fit Armadillo Service, except that (i) we generally only use your personally identifiable information in the manner described in the Privacy Policy in effect when we received that information and (ii) if you do not agree with any changes to the Privacy Policy, you may terminate your account ceasing use of the Fit Armadillo Service. Your continued use of the Fit Armadillo Service after revised Privacy Policy has become effective indicates that you have read, understood and agreed to the current version of the Privacy Policy.
Contact
If you have any questions regarding this policy, or your dealings with our website, please contact us here: info (at) FitArmadillo.com