Terms and Conditions
Terms and Conditions
All programs and services offered and operated by fitness123today.com and/or its subsidiaries and affiliates (referred to as “Pacific Empire Financial Group LLC”, “fitness123today.com”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and fitness123today.com. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the apps, programs, websites, or services, you agree to these terms. If you do not agree to this agreement, then you may not use the services.
A. GENERAL TERMS
This Agreement describes the terms governing your use of the fitness123today.com online services provided to you on this website and its downloadable apps, including content, updates, and new releases, (collectively, the “Services”). It includes by reference:
Additional Terms and Conditions, which may include those from third parties.
Any terms provided separately to you for the services, including product or program terms, ordering, activation, payment terms, etc.
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The programs and services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the programs and services and only for the purposes described by fitness123today.com. fitness123today.com reserves all other rights in the programs and services offered.
Until termination of this agreement and as long as you meet any applicable payment obligations and comply with this agreement, fitness123today.com grants to you a personal, limited, non-exclusive, non-transferable right and license to use the services.
2.2 You agree not to use, nor permit any third party to use, the programs and services or content in a manner that violates any applicable law, regulation or this agreement. You agree that you will not:
– Provide access to or give any part of the services to any third party.
– Reproduce, modify, copy, deconstruct, sell, trade or resell the services.
– Make the services available on any file-sharing or application hosting service.
Our refund policy is very simple. 100% in 100 Days Money Back Guarantee: Feel 100% Satisfied, Within 100 days Or get a 100% refund There is no hassle. You do not have to return anything to us. If you do not love it for any reason, simply get in touch via phone or email and let us know you’d like a refund. That’s it. 100 Day Money Back Return Policy applies as a full refund within 100 days for all first time purchasers of an initial order of product, or the final order of a subscription.
4. USE WITH YOUR MOBILE DEVICE. The use of these programs and services may be available through a compatible mobile device and may require internet access and/or additional software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
123HEALTHY.ME MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
– THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; AND
– ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
– ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
6.1 You are responsible for your content. You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the programs and services. You should archive your content frequently. You are responsible for any lost or unrecoverable content. You must provide all required and appropriate warnings, information and disclosures. fitness123today.com is not responsible for the content or data you submit through the services.
You agree not to use, nor permit any third party to use, the programs and services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
a. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law; and
b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy; and
c. Except as permitted by fitness123today.com in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding; and
d. Virus, trojan horse, worm or other disruptive or harmful software or data; and
Any information, software or content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
6.2 Community forums. The services may include a community forum or other social features to exchange content and information with other users of the services and the public. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which fitness123today.com is not responsible.
6.3 fitness123today.com may freely use feedback you provide. You agree that fitness123today.com may use your feedback, suggestions, or ideas in any way, including in future modifications of the programs, services, other products or services, advertising or marketing materials. You grant fitness123today.com a perpetual, worldwide, fully transferable, sub licensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide to fitness123today.com in any way.
6.4 fitness123today.com may monitor your content. fitness123today.com may, but has no obligation to, monitor content on the programs and services. We may disclose any information necessary to satisfy our legal obligations, protect fitness123today.com or its members, customers, or operate the services properly. fitness123today.com, in its sole discretion, may refuse to post, remove, or refuse to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this agreement.
7. ADDITIONAL TERMS
7.1 fitness123today.com does not give professional advice. Unless specifically included with the programs and services, fitness123today.com is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. You are advised to consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other fitness123today.com programs or services. You may be offered other services, products, or promotions by fitness123today.com (“fitness123today.com Services”). Additional terms and conditions and fees may apply. With some fitness123today.com programs and services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant fitness123today.com permission to use information about you, your business, and your experience to help us to provide the fitness123today.com programs and services to you and to enhance the programs and services. You grant fitness123today.com permission to combine your data, if any, with that of others in a way that does not identify you or any individual personally. You also grant fitness123today.com permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.4 Shopping. fitness123today.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.
7.5 Communications. fitness123today.com may be required by law to send you communications about the programs and services or Third-Party Products. You agree that fitness123today.com may send these communications to you via email, via text message, or by posting them on our websites and apps.
7.6 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the services and to contact fitness123today.com if you become aware of any unauthorized access to your account. The services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the services. You agree to receive these updates.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 123HEALTHY.ME, ITS AFFILIATES, VENDORS, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. 123HEALTHY.ME AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 123HEALTHY.ME, ITS AFFILIATES, VENDORS, AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE PROGRAMS AND SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
9. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF 123HEALTHY.ME, ITS AFFILIATES, VENDORS, AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, 123HEALTHY.ME, ITS AFFILIATES, VENDORS, AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET 123HEALTHY.ME’S SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF 123HEALTHY.ME AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF 123HEALTHY.ME, ITS AFFILIATES, VENDORS, AND SUPPLIERS, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold fitness123today.com, Pacific Empire Financial Group LLC, and its Affiliates, Vendors, and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the services or breach of this agreement (collectively referred to as “claims”). fitness123today.com reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by fitness123today.com in the defense of any claims.
10. CHANGES. We reserve the right to change this agreement at any time, and the changes will be effective when posted through the programs and services, on our websites and apps for the programs and services or when we notify you by other means. We may also change or discontinue the programs and services, in whole or in part. Your continued use of the programs and services indicates your agreement to the changes.
11. TERMINATION. fitness123today.com may immediately, in its sole discretion and without notice terminate this agreement or suspend the services if you fail to comply with this agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the programs and services and any outstanding payments will become due immediately. Any termination of this agreement shall not affect fitness123today.com’s rights to any payments due to it. Sections 2.2, 3 through 14 will survive and remain in effect even if the agreement is terminated.
12. EXPORT RESTRICTIONS. You acknowledge that the programs and services, including the mobile applications, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations and will not export or re-export any part of the programs and services, in violation of these laws and regulations, directly or indirectly.
13. GOVERNING LAW. Delaware state law governs this agreement without regard to its conflicts of law provisions. You agree to the exclusive jurisdiction of state courts of Delaware. fitness123today.com does not represent that the programs and services are appropriate or available for use in all countries. You are accessing the services on your own initiative and you are responsible for compliance with all applicable laws.
14. GENERAL. This agreement, including the additional terms below, is the entire agreement between you and fitness123today.com and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this agreement is invalid, that section will be removed without affecting the remainder of the agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this agreement to anyone without written approval of fitness123today.com. However, fitness123today.com may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by fitness123today.com or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact fitness123today.com via an email to: email@example.com.