TERMS OF SERVICE
CONDITIONS OF USE
Welcome to our online store! enVOLO – Fit2Beit and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
By using our website you agree to our Cookie and Usage Policy. A cookie is a small file, which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We use this information for statistical analysis purposes. Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
By Contacting enVOLO – Fit2Beit or sending e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of enVOLO – Fit2Beit or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of enVOLO – Fit2Beit with copyright authorship for this collection by enVOLO – Fit2Beit, and protected by international copyright laws.
enVOLO – Fit2Beit trademarks and trade dress may not be used in connection with any product or service that is not enVOLO – Fit2Beit in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits enVOLO – Fit2Beit. All other trademarks not owned by enVOLO – Fit2Beit or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by enVOLO – Fit2Beit or its subsidiaries.
By supplying enVOLO – Fit2Beit with your phone number, you are agreeing to electronic SMS marketing by enVOLO and any of it’s subsidiaries. If you wish to opt out, you may inform us in writing at email@example.com or by replying “stop” to any SMS text.
LICENSE AND SITE ACCESS
enVOLO – Fit2Beit grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of enVOLO – Fit2Beit. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of enVOLO – Fit2Beit You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of enVOLO – Fit2Beit and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing enVOLO – Fit2Beit’s name or trademarks without the express written consent of enVOLO – Fit2Beit. Any unauthorized use terminates the permission or license granted by enVOLO – Fit2Beit. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of enVOLO – Fit2Beit so long as the link does not portray enVOLO – Fit2Beit, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any enVOLO – Fit2Beit logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. enVOLO – Fit2Beit and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Subscription products are auto billed at the end of the initial time period. You may cancel at any time by messaging us via the contact us page or emailing us at firstname.lastname@example.org
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. enVOLO – Fit2Beit reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant enVOLO – Fit2Beit and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant enVOLO – Fit2Beit and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify enVOLO – Fit2Beit or its associates for all claims resulting from content you supply. enVOLO – Fit2Beit has the right but not the obligation to monitor and edit or remove any activity or content. enVOLO – Fit2Beit takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from enVOLO – Fit2Beit are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
enVOLO – Fit2Beit and its associates attempt to be as accurate as possible. However, enVOLO – Fit2Beit does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by enVOLO – Fit2Beit itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY enVOLO – Fit2Beit ON AN “AS IS” AND “AS AVAILABLE” BASIS. enVOLO – Fit2Beit MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, enVOLO – Fit2Beit DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. enVOLO – Fit2Beit DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM enVOLO – Fit2Beit ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MY COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting enVOLO – Fit2Beit you agree that the laws of the state of Georgia, USA without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and enVOLO – Fit2Beit or its associates.
Any dispute relating in any way to your visit to enVOLO – Fit2Beit or to products you purchase through enVOLO – Fit2Beit shall be submitted to confidential arbitration in Georgia, USA, except that, to the extent you have in any manner violated or threatened to violate enVOLO – Fit2Beit’s intellectual property rights, enVOLO – Fit2Beit may seek injunctive or other appropriate relief in any state or federal court in the state of GA, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to enVOLO – Fit2Beit. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
WAIVER OF LIABILITY AND RISK
By purchasing and participating in this program, you hereby acknowledge that you are voluntarily participating in this program and assume all subsequent risk. You hereby release any representatives, agents, and successors from liability for injury or illness which you may incur. Before starting any fitness program, it’s recommended that you consult with a healthcare professional.
Online products are delivered in a viewable format upon purchase and as such all sales are final and non-refundable.
Challenge winners must provide a testimonial video of their Fit2Beit experience for promotion and advertising purposes.
Challenge dates are subject to change and refunds will not be given for postponed challenges.
Challenge winners are chosen at the sole discretion of the Influencer running the challenge and decisions are not made on transformation alone. Influencer may ask challengers a series of questions to assist in making their decision on challenge winner.
Once a prize is chosen by a challenge winner, the option may not be changed. All decisions are final.
RULES ARE SUBJECT TO CHANGE
Please note that Challenge Rules are subject to change. The Challenge contestants will be notified of any changes through Fit2Beit’s social media. It is the contestant’s responsibility to check Fit2Beit’s social media pages for updates.
Fit2Beit reserves the right to retract any challenge decision at its discretion.
All content shared within The Challenge is confidential. Contestants agree to not disseminate any information posted or shared in The Challenge with any 3rd parties not participating in The Challenge. Any content disseminated in violation of these rules will be grounds for disqualification from The Challenge and any future Challenges.
Participation in The Challenge grants Sponsor the right to use, publish, adapt, edit and/or modify such entry in any way, in whole or in part, and to use such entry alone or in combination with other works, as solely determined by Sponsor, in commerce and trade and in any and all media now known or hereafter discovered, worldwide, including but not limited to the www.Fit2Beit.com website and social media, without limitation or compensation to the Participant and without right of notice, review or approval of any such use of the entry in perpetuity. Contestants must be 18 and over to be eligible to enter the program. Submission of an entry further constitutes the Contestant’s consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the entry, including but not limited to all intellectual property rights. Prior to awarding any prize, the Contestant must agree to the terms of these Official Rules and to sign and return any required Affidavit, Liability and Publicity Releases. Contestants agree to grant Fit2Beit the irrevocable right and permission to use, in any manner at all, any photographs and/or videos of contestants posted in the dashboard, or on social media, in whole or in part, modified or altered, for any purposes whatsoever. Except where prohibited, by accepting a prize, winner grants permission for Sponsor and its agents to use his/her name, video, voice and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
This information provided by Fit2Beit is for informational and entertainment purposes only and is not intended as medical advice nor is it a substitute for professional advice, diagnosis, or treatment of any disease or condition. Consult your physician or health care practitioner before beginning any nutrition, supplementation or exercise program. Fit2Beit does not assume any liability for the information provided in the Challenge. Any application of the recommendations or use of the information is at your discretion and sole risk, and you specifically waive any right to make any claim against Fit2Beit, its officers, directors, employees, agents or representatives as the result of the use of such information.
All content shared by Fit2Beit in The Challenge is subject to copyrights owned by Fit2Beit and other entities. Any reproduction, retransmission, or republication of all or any part of the information provided by Fit2Beit is strictly prohibited and will result in immediately disqualification from The Challenge and any future contest.
Limitation of Liability:
If for any reason The Challenge is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes corrupt or affect the administration, security, fairness, integrity, or proper conduct of The Challenge, Fit2Beit reserves the right, in its sole discretion, to disqualify any individual who tampers with The Challenge, and to cancel, terminate, modify or suspend The Challenge. Fit2Beit 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, entries. Fit2Beit is not responsible for problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers’ computer equipment, software, failure of any e-mail to be received by Fit2Beit on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Contest.
ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ADMINISTRATOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Release and Indemnity:
By participating in The Challenge, each participant agrees to release and hold Fit2Beit harmless from any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in The Challenge and/or acceptance, possession, or use of any prize(s) including, without limitation, personal injuries, death, property damages and any claims by third parties or otherwise based on publicity rights, defamation, or invasion of privacy. Entrants acknowledge that Fit2Beit is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize.
Disclaimer of Warranties:
IN NO EVENT WILL Fit2Beit, AND/OR ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE Fit2Beit SITE AND/OR THE CHALLENGE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CHALLENGE AND THE Fit2Beit SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Fit2BeIt Affiliate Program Terms of Service
By signing up to be an Affiliate in the Fit2BeIt Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Fit2BeIt reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
- You must be 18 years or older to be part of this Program
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Fit2BeIt cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own Fit2BeIt product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Fit2BeIt. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Fit2BeIt. You must ensure that each of the links between your site and the Fit2BeIt properly utilizes such special link formats. Links to the Fit2BeIt placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Fit2BeIt product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to http://www.fit2beit.com/wp and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.
Identifying yourself as a Fit2BeIt Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Fit2BeIt or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to http://www.fit2beit.com/wp, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Fit2BeIt reserves the right to end the Program at any time. Upon program termination, Fit2BeIt will pay any outstanding earnings accrued above $20.
Fit2BeIt, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Fit2BeIt service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Fit2BeIt reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you hereby irrevocably grant to enVOLO, its successors, licensees and assigns, the irrevocable right, but not the obligation, to reproduce and use your name, likeness, video, film, and/or photographs of your acts, poses, plays, face, person, likeness and appearance of any and all kinds and/or recordings of your voice, instrumental, musical, and/or other sound effects produced by me, or any simulations thereof (“Appearance”) and any/all photographs, images, footage, and/or other audio visual and/or visual elements submitted by you to us and/or as they appear on your social media accounts (“Materials”) in connection with the enVOLO, Fit2Beit, and/or any of either of their respective product offerings, and any and all versions thereof, and to distribute, exhibit and otherwise exploit (and to authorize others to distribute, exhibit and otherwise exploit) your Appearance and the Materials, in whole or in part, in any/all related advertising, publicity and promotion throughout the universe in perpetuity in all media now known or hereafter developed and by all means, devices, processes and technology now known or hereafter developed. Such use shall include, but not be limited to, photographic reproductions and appearances of your Appearance and/or the Material (whether by film, tape, stills, or otherwise) and recordings thereof (whether audio, visual, or both,) by any means whatsoever, and for any/all commercial purposes. Without limiting the generality of the foregoing, we shall have the right to edit, revise, modify and juxtapose your Appearance and/or the Materials as we shall in our sole discretion deems desirable. You hereby waive any right you may have to inspect and/or approve your Appearance and/or the Materials as they are used by us or the editorial, advertising or printed copy or soundtrack that may be used in connection therewith. We shall have the right to assign, license and transfer this agreement and all or any part of its rights hereunder to any person, firm or corporation without any restriction whatsoever. You hereby release enVOLO, Fit2Beit, and its and their respective successors, assignees, licensees and exhibitors from any and all claims and demands arising out of or in connection with any and all uses of your Appearance and/or the Materials, including, without limitation, any and all claims for invasion of privacy, infringement of your right of publicity, defamation (including libel, slander and “false light”) and any other personal and/or property rights of any kind. You warrant that you are the owner or sole legal representative of all copyrights, trademarks, tradenames, service marks, rights of privacy, rights of publicity and/or other rights associated with your Appearance and/or the Materials (including, but not limited to any and all audio/visual elements thereof), and you have the full right and authority to grant the rights therein and no approvals, other payments and/or licenses are necessary from any other party (by way of personal service agreements or guild/union agreements or otherwise) to grant enVOLO’s use of your Appearance and/or the Materials as granted herein. You at all times shall defend, indemnify and hold harmless enVOLO, its parent, subsidiary and affiliate organizations, and its and their employees, agents, successors and assigns from and against any and all claims, actions, damages and losses, liabilities and expenses, including reasonable attorneys’ fees, arising out of or caused by the breach of any of the representations, warranties, undertakings and agreements made by you hereunder.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Fit2BeIt will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Fit2BeIt to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Fit2BeIt and govern your use of the Service, superceding any prior agreements between you and Fit2BeIt (including, but not limited to, any prior versions of the Terms of Service).