Terms and Conditions

Effective Date: January 9, 2014

ACCEPTANCE

Please read these Terms and Conditions (the “Terms”) carefully because they are legally binding on you. By visiting bFitandLive.com (the “Site,” “We,” “Us,” or “Our”), you agree to be bound and abide by these Terms and Conditions, as well as our Privacy Statement available at http://www.yourperfecttrainer.com/privacy-policy. If you do not want to agree to these Terms and Conditions or the Privacy Statement, you may not visit the Site. We update these Terms and Conditions every once in a while whenever we feel appropriate without prior notice to you. The date of the last update is indicated at the top of this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Site following the posting of revised Terms and Conditions constitutes your acceptance of the changes.

DISCLAIMERS

Neutral Venue. Our Site is a neutral online platform to connect health/fitness/wellness/coaching professionals with health and well being enthusiasts. The Site does not play an active role in agreements and arrangements between its users. As a neutral venue, we are not a party to any member agreements and have no control over user conduct. Therefore, we disclaim all liability arising out of or related to user agreements, conduct and services purchased and performed. All Site content is provided “AS IS,” with no warranties of any kind. Even though we attempt to verify personal trainers’ credentials, your use of the personal training services is at your own risk. We disclaim all liability arising out of or related to personal training services arranged through our Site. We are not liable for any property damage, bodily injury or death of the site user or any third party. Under no circumstances will the site be liable for any amounts exceeding the collected service charge for the three months preceding the time when the claim arose.

No Medical Advice. All materials on this Site are provided for general informational purposes only. We are not medical professionals and nothing on our Site constitutes medical advice. Any exercise program, including the exercise routines presented on our Site, may result in injury. To reduce the risk of injury, consult your doctor before beginning any exercise program. The materials presented on our Site in no way substitute medical counseling. You must not avoid or delay medical treatment because of anything you read on our Site.

Affiliate Disclosure. This Site may contain advertising, paid endorsements and affiliate links. Even though we may receive compensation for such content, we only give our honest opinions about the products and services reviewed by us. The opinions and evaluations presented are purely our own. Any product or service claim or other representation should be independently verified with the manufacturer or service provider.

Site Content. You acknowledge that the Site shall have the right (but no obligation), at its sole discretion, to refuse, modify, delete or move any content, for any reason.

INTELLECTUAL PROPERTY

The Site is owned and operated by bFitandLive LLC, an Illinois limited liability company. Site contents and features, images, information, registered and unregistered trademarks are the exclusive property of bFitandLive LLC, its users and content suppliers. Site contents is protected by the US and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. You may not republish the contents of this Site, delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.

By submitting any content to us, including but not limited to profile information, articles, comments, and posts, you are granting us a nonexclusive, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute (including for advertising/promotional purposes) such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

You shall be solely responsible for the content you submit to or through our Site. You represent and warrant that you own or have the necessary rights, licenses and permissions to publish your content and to grant us the license to use such content as contemplated by these Terms and Conditions.

We do not undertake to screen all user submitted content for truth, accuracy and intellectual property rights infringement. Publication of user submitted content on our Site does not constitute our endorsement of such content.

DMCA

We respect the intellectual property rights of others and expect the users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond to claims of copyright infringement committed using our Site if such claims are reported to our designated DMCA Copyright Agent identified below. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material.

Our DMCA Copyright Agent to receive notices of infringing material is:

Philip Ferrante

President

bFitandLive LLC

341 Fontaine Ct, Danville, CA

Email: phil@bFitandLive.com

Phone: 888-572-5572

Fax: 888-572-5572

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

YOUR RESPONSIBILITIES

By using this Site, you represent and warrant that you are of legal age and have the full capacity to form a legally binding contract.

You must only provide correct, current and complete information to the Site.

You acknowledge that we are not liable for any services and products acquired through our Site.

Anybody who accesses the Site through your Internet connection must be aware of these Terms and Conditions, and that they comply with them.

By accessing our Site via a mobile device, you acknowledge that we may receive the information regarding your mobile carrier and geolocation data.

You must treat your login credentials confidential. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time for any reason or no reason without notice or explanation.

PROHIBITED CONDUCT

You agree not to use the Site for any illegal purpose. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.

You must not:

  • Arrange for payments outside the Site.
  • Submit untrue, incomplete or misleading information to the Site.
  • Send any advertising or promotional material, unsolicited mass communication without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site or anybody’s use and enjoyment of it.
  • Attempt to gain unauthorized access to any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

PAYMENT

You agree to pay all sums when due.

By creating a personal trainer account on our Site you explicitly agree to provide the highest level of service to clients. If the client refuses to pay or requests a refund, we will not interfere and will not collect the fees on your behalf.

We may terminate or suspend any account for any violation of this Section.

NON-CIRCUMVENTION

For 24 months from the time you find another Site user for personal training or related services (“Exclusivity Period”), you must use the Site as your exclusive method to request, make and receive all payments for services arising out of your relationship with that party. You may opt-out of this obligation only by paying an opt-out fee of $2,000 USD.

You agree not to circumvent the payment methods offered by the Site. Without limiting the generality of the foregoing, you must not submit proposals or solicit parties identified through the Site to contact, hire, manage or pay outside the Site. You agree to notify us immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention policy, please submit a confidential report to us by sending an email message to: support@bFitandLive.com

INDEMNIFICATION

You agree to indemnify and hold the Site (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses or damages arising out of or related to any services or items obtained through the Site, a breach of these Terms and Conditions, or your violation of any law or the rights of a third party.

USER DISAGREEMENTS

As a neutral venue, we do not offer mediation, arbitration or any other forms of dispute resolution and do not actively monitor user interactions and arrangements. You are solely responsible for your interactions, agreements and disputes with other users. The Site reserves the right, but has no obligation, to facilitate disputes between its users. You may submit your complaints to us to support@bFitandLive.com

TERMINATION

We have the right to take any action that we deem necessary or appropriate if we believe that any user violates the Terms and Conditions, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public. We may:

  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms and Conditions.
  • Block violator’s IP address and/or notify his or her Internet Service Provider.
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

DISCLAIMER OF WARRANTY

You expressly agree that use of this site, services and items obtained through the site is at your sole risk. We do not warrant that use of the site will be uninterrupted or error free; nor do we make any warranty as to (i) the results that may be obtained from use of this site, or (ii) the accuracy, completeness, reliability or content of any information,services, products, or statements provided through this site. The site and all content, statements and other information contained on the site, and products and services accessible or available through the site are made accessible or available on an “as is” and “as available” basis. We hereby disclaim any and all representations, warranties and conditions, whether express or implied, as to the operation of the site or the content, statements or other information contained on the site, or the products or services accessible or available through the site, including, but not limited to, those of title noninfringement, merchantability, and fitness for a particular purpose.

LIMITATION OF LIABILITY

In no event shall bfitandlive llc, its subsidiaries, affiliates nor any of their respective employees, agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees or agents, be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to your use of the site, the content, statements and other information contained therein, the products or services accessible or available through the site or these terms and conditions. Total aggregate liability arising out of or related to these terms and conditions shall not exceed the amounts paid by you during the three months preceding the bringing of any claim, or five hundred dollars, whichever is less.

REFUND POLICY

A refund will only be given for unused training sessions if the client requests the refund within 30 days of the purchase date.

RELATIONSHIP OF THE PARTIES

You and bFitandLive LLC are independently contracting parties. Nothing contained in these Terms shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship. You have no authority to act as agent for, or on behalf of, bFitandLive LLC, or bind it in any manner.

You will not be entitled to worker's compensation, retirement, insurance or other benefits afforded to employees of bFitandLive LLC.

Each member is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of services. You acknowledge that bFitandLive LLC will not issue 1099 tax forms.

LINKING TO THE SITE

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

SEVERABILITY

Should any part of these Terms and Conditions be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect. Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.

ASSIGNMENT

We may transfer, assign or subcontract the rights, interests or obligations under the Terms and Conditions, at our sole discretion, without obtaining your consent.

GOVERNING LAW AND JURISDICTION

The Site and the Terms will be governed by, and construed in accordance with, the laws of Illinois, with the exclusion of its principles of conflicts of laws which would permit the application of laws of another jurisdiction. Any litigation, dispute or claim arising from or related to the use of the Site shall be subject to the jurisdiction of the courts sitting in Chicago, Illinois, and you hereby accept to submit to the exclusive jurisdiction of those courts.

CONTACT US

Please submit all comments, requests and questions relating to the Site to support@bFitandLive.com