TERMS
This Agreement was last modified on June 17th, 2019.
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Welcome to fitwelldynamics.com, operated by Fit+Well Dynamics, LLC. (hereafter sometimes referred to as “Fit+Well Dynamics,” “us,” or “our”). By using the fitwelldynamics.com website (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a guest (“Registrant”) or become a paying customer (“Member”). If you wish to become Registrant or a Member and make use of Fit+Well services or Products (the “Service” or the "Products"), please read these Terms of Use. If you object to anything in this Agreement or the Fit+Well Privacy Policy, do not use the Website or Services and/or Products. This Agreement is subject to change by Fit+Well Dynamics at any time, effective upon posting on the Website, and your use of the Services and/or Products after such posting will constitute acceptance by you of such changes. These terms of service govern the relationship between you and Fit+Well Dynamics.
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NON DISCLOSURE AGREEMENT
You agree to hold confidential all proprietary information and or trade secrets (“confidential information”) in trust and confidence and you agree that it shall be used only for the contemplated purposes, shall not be used for any other purpose, or disclosed to any third party. You warrant, covenant and agree as follows:
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You, or any others employed or engaged by Fit+Well Dynamics, agree not to disclose, directly or indirectly, any information with respect to any business conducted by Fit+Well Dynamics. Without restricting the generality of the foregoing, it is agreed that we will not disclose:
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Financial information, business plans, strategies for development or growth, or any other proprietary information not known generally to the public or in the public domain relating in any way to the business of Fit+Well Dynamics, or any other information regarding the management or method of operation of the Website, and
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That you will not copy or reproduce, in any form, information provided to you by Fit+Well Dynamics for the purpose of distribution or use outside the Website.
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You acknowledge that the aforesaid restrictions are necessary and fundamental to the business of Fit+Well Dynamics, and are reasonable given the nature of the business carried on by Fit+Well Dynamics. You agree that this Agreement shall be governed by and construed in accordance with the state of Arizona. You agree that each provision of this Agreement is separate and distinct, and is severable from all other separate and distinct provisions.
If any of the activities, periods of time, or other matters contained in this Agreement are considered by a court of competent jurisdiction as being unreasonable, the court shall have the authority to limit such matters as the court deems proper in the circumstances and if any provision is void or unenforceable in all or in part, it shall not affect the enforceability of the balance of this Agreement. Fit+Well Dynamics shall be entitled and has the right to obtain an injunction to ensure compliance with this Agreement.
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You enter into this Agreement totally voluntarily, with full knowledge of its meaning, and without duress.
COMMUNICATIONS WITH WEBSITE USERS
Cookies: Your Web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on the Website.
COPYRIGHT NOTICE
The Website and the information contained within it is protected by copyright. Reproduction of part or all of the Website contents in any form is prohibited unless for personal use. Content of the Website may not be copied to any other publication (including electronic, hard copy or others). Interior deep linking or framing of the Website is prohibited without written permission of Fit+Well Dynamics.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
The information provided through this site or presented by a Fit+Well coach is intended to assist you in your health and fitness efforts. All information is of a general nature and is furnished for educational purposes only. You agree and acknowledge that Fit+Well Dynamics is not a medical organization, hospital, or staffed by medically trained personnel. The information provided through this site is not intended as a substitute for medical counseling, or the professional advice of your personal physician. Before you begin any fitness or nutrition program, consult your physician to determine if the fitness or nutrition program is right for your needs. Do not start a fitness or nutrition program if your physician advises against it. Please note that the Website’s coaches, affiliates, or employees cannot provide you with medical advice and nothing that you may read on this site or that is otherwise provided to you by the Website’s coaches, affiliates or employees should be construed as such. Although Fit+Well Dynamics and the Website’s coaches, affiliates and employees makes an effort to provide quality information to you, Fit+Well Dynamics disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any information provided through this site or sent to you by a Fit+Well Dynamics coach or the Website. For example, health, diet & fitness advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the information provided through this site will reflect the most recent findings or developments with respect to the particular material. The Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors or individuals with any specific health condition. Such individuals are specifically advised to seek professional medical advice prior to initiating any fitness or nutrition effort or program.
INDEMNIFICATION
You agree to indemnify and hold Fit+Well Dynamics, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of these Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Fit+Well Dynamics’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of theses Services. Your obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
CHANGED TERMS
Fit+Well Dynamics shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Services or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Website a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate Services. Any use of the Services by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions.
RECOMMENDED MERCHANTS
Fit+Well Dynamics does not guarantee any results nor hold any responsibility for the actions of any recommended merchants. This includes, but is not limited to, on time payment of funds, uptime of recommended merchant website nor any other technical or non-technical reason. Fit+Well Dynamics also has the right to change and or remove recommended merchants from its site at any time for any reason without any repercussions from members.
MISCELLANEOUS
This Agreement and any operating rules for the Website and Services established by Fit+Well Dynamics constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the state of Arizona, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
CONTACT US
If you have any questions about this Agreement, please contact us at contact@fitwelldynamics.com.