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1-888-8-SITFIT (1-888-8-748348) | info@sitandstayfit.com

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sit and stay fit terms and conditions of use agreement

please read these terms of use carefully before using this website. by using this website, you signify your consent to these terms of use. if you do not agree to these terms of use, please do not use the website.

this is our terms and conditions of use agreement (hereinafter referred to as the (“agreement”) for use of the sitandstayfit.com website (“website”). this website is not directed to persons under eighteen (18) years of age. the website is owned by sit and stay fit(“company”). this agreement applies to all of the products, services and websites offered by sit and stay fit, the mobile versions thereof, any website software that you have embedded on a web site or are about to embed (“widgets”)whether available through a social networking site or its subsidiaries or affiliated companies (collectively, “service”). please note that the availability of any apps on a social networking site does not indicate any relationship or affiliation between sit and stay fit and such social networking site.

the information presented on this website is in no way intended as medical advice or as a substitute for medical treatment. consult your physician before beginning any fitness plan, diet or nutrition plan offered through the website. you should have proper follow-up visits with your physician and individualize your diet, nutrition, or fitness plan as appropriate. nothing stated or presented on the website is intended to be a substitute for professional medical advice, diagnosis, or treatment. always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.

the provisions of these terms of use are for the benefit of the company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

if you do not agree to be bound by this agreement, you may not use or access this website and are prohibited from doing so.

sit and stay fit reserves the right to refuse or cancel your account. we also reserve the right to cancel your membership should you violate any provision of this agreement, or any other posted policy on the website.

the contents of this website, including the videos, text, graphics, images, and information obtained from third-party content providers, sponsors, suppliers, and licensors (collectively “providers”), and any other materials are to be used for informational purposes only.

1. parental or guardian permission



by using this site, you represent, acknowledge and agree that you are at least 18 years of age or the age of legal majority in your country of jurisdiction, or if you are under 18 years of age or the age of legal majority in your country but are at least 13 years old (a “minor”), that you are using the site with the consent of your parent or legal guardian who has agreed to the terms. if you are a parent or legal guardian agreeing to the terms for the benefit of a minor, you are fully responsible for the minor’s use of the site, including all legal liability he or she may incur. if you are not at least 13 years old, you may not use the site.

2. communications



when you visit the website or send emails to us, you are communicating with us electronically. you consent to receive communications (including legal notices) from us electronically. we will communicate with you by email or by posting notices on the website. 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. finally, sit and stay fit may deliver communications to you by any means set forth in any other sit and stay fit policy or notice published on the website.

3. license and site access



sit and stay fit grants you a limited license to access and use for your personal benefit the website. you may not download or modify it, or any portion of it, without the express written consent of sit and stay fit

this license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. the website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without express written consent of sit and stay fit

you may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of sit and stay fit without our express written consent.

you may not use any metatags or any other hidden text utilizing sit and stay fit's name or trademarks without the express written consent of sit and stay fit. any unauthorized use terminates the permission or license granted by sit and stay fit

you are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the website so long as the link does not portray sit and stay fit, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.

you may not use any sit and stay fit logo or other proprietary graphic or trademark as part of the link without express written permission. we may revoke the license granted to you at any time for any reason.

you may not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the service or the site or any software used on or for the service or the site, or cause others to do so; you may not post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the site or the service other than solely in connection with your use of the service in accordance with this agreement.

4. your membership account



if you subscribe to and use the website, 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. sit and stay fit reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. memberships are non-transferable. you agree to:

(a) maintain all equipment necessary for your access to and use of the website;

(b) maintain the security of your user identification, password, personal information (as defined in our website privacy policy), and any other confidential information relating to your sit and stay fit account;

(c) take responsibility for all charges resulting from use of your sit and stay fit, including unauthorized use prior to your notifying sit and stay fit of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and

(d) update your personal information (as defined in our website privacy policy), including email address, as appropriate.

the company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. however, no system, whether or not password protected can be entirely impenetrable. you acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the site. use of the site is completely at your own risk.

5. community guidelines; user content:



sit and stay fit offers you the ability to submit or post user content through the social features available within the website, provided such submission or transmission of user content is in strict compliance with these terms. for the purposes of this agreement, “user content” means video, images, text, comments, app store reviews (including the public-facing user name as it appears with the review), audio recordings and other content, that you upload, post or transmit (collectively “submit”) to any sit and stay fit social media page.

a. code of conduct

sit and stay fit gives you the ability to submit user content in the private social media groups in order to create a community-based experience where our users can chat, interact, encourage, support and motivate one other.

in using the sit and stay fit, you must behave in a civil and respectful manner at all times

r-e-s-p-e-c-t — please be respectful and courteous to the members of this group.

you agree to follow these guidelines when submitting user content:

b. user content restrictions

you may not submit any user content that is considered objectionable. objectionable content includes, but is not restricted to:

  • is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous,
  • infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
  • contains hateful, defamatory, or discriminatory content or incites hatred or violence against any individual or group;
  • advocates harassment or intimidation of another person or that has the goal or effect of "stalking";
  • harms or exploits minors;
  • depicts unlawful acts or extreme violence;
  • act in a deceptive manner by, among other things, impersonating any person or send video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
  • depicts animal cruelty or extreme violence towards animals; or
  • private information about any individual such as phone numbers, addresses, social security numbers or any other information that is invasive of another's privacy;
  • unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, files, programs, components or devicesdesigned to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
  • promote information that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation or otherwise objectionable;
  • collect information about others;
  • advertise or solicit others to purchase any product or service within the sit and stay fit site;
  • promote fraudulent schemes, multi level marketing (mlm) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
  • publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
  • participate in any activity that in any way violates any law

sit and stay fit reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, the Website, the rights of sit and stay fit or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither sit and stay fit nor its Providers can ensure prompt removal of questionable content after online posting and have no obligation to do so. Accordingly, neither sit and stay fit, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Website.

we prefer to advise you if we feel you are not complying with these terms and to recommend any necessary corrective action. however, certain violations of these terms, as determined by us, may result in immediate termination of your access to the site

reporting posts — if you notice any user content that you believe to be in violation of this agreement, or spam, report it to us at info@sitandstayfit.com

c. user content screening and disclosure

we do not, and cannot, pre-screen or monitor all user content. however, sit and stay fit has the right (but not the obligation) to monitor your conduct and user content submission on our service and you hereby provide your irrevocable consent to such monitoring. you acknowledge and agree that you have no expectation of privacy concerning your submission of any user content. we have the right, but not the obligation, in our sole discretion to edit, refuse to post, remove, disallow, block or delete any user content. under no circumstances will sit and stay fit be liable for any of your user content. you shall be solely responsible for any user content submitted through your account.

sit and stay fit may also act to remove objectionable content. the decision to remove objectionable content shall be made at sit and stay fit's sole discretion

we may access, preserve or disclose any of your information or user content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this agreement; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of sit and stay fit, its users, or members of the public or (v) to report a crime or other offensive behavior.

the company will not intentionally disclose any personally identifying information about you to third parties, except where the company, in good faith, believes such disclosure is necessary to comply with the law or enforce these terms of use.

d. ownership of content

as between you and sit and stay fit, you own all user content that you submit to the sit and stay fit service, whether directly via the sit and stay fit service or indirectly (for example, via facebook or twitter). however, it is important that you understand that by posting user content to sit and stay fit or to sit and stay fit's social media pages or by providing a review through a third party service, you are granting sit and stay fit and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your user content (including without limitation, your name and likeness, photographs, testimonials and app reviews) for any purpose whatsoever commercial or otherwise without acknowledgment or compensation to you.no submission shall be subject to any obligation of confidence on the part of the company. in addition, you waive any so-called "moral rights" or "performance rights" in your user content. if you prefer that we do not use your reviews for promotional purposes, contact info@sitandstayfit.com

e. permissions

you further grant all users of the sit and stay fit service permission to view your user content for their personal, non-commercial purposes. if you make suggestions to sit and stay fit on improving or adding new features to the sit and stay fit service, sit and stay fit shall have the right to use your suggestions without any compensation to you.

f. your responsibility

for each piece of user content that you submit, you represent and warrant that:

(i) you have the right to submit the user content to sit and stay fit and grant the licenses set forth above;

(ii) sit and stay fit will not need to obtain licenses from any third party or pay royalties to any third party;

(iii) the user content does not infringe any third party's rights, including intellectual property rights and privacy rights; and

(iv) the user content complies with this agreement and all applicable laws.

6. third-party content



the website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively “content”). regarding the content supplied by users or parties other than sit and stay fit, sit and stay fit is a host and not a publisher. sit and stay fit has no editorial control over such third- party or user content and takes no responsibility for third-party content and user content. any opinions, advice, statements, services, offers, or other information that constitutes part of content expressed or made available by third-parties and not by sit and stay fit are those of the respective authors or distributors and not of sit and stay fit. neither sit and stay fit nor any third-party, including any provider, or any user of the website, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. in many instances, the content available through the website represents the opinions and judgments of the respective provider or user not under contract with sit and stay fit. sit and stay fit neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the website by anyone other than authorized sit and stay fit employees. under no circumstances shall sit and stay fit be liable for any loss, damage or harm caused by a user’s reliance on information obtained through the websitenor do we warrant that they will not contain viruses or otherwise impact your computer it is the responsibility of a user to evaluate the information, opinion, advice or other content available through the website.

by using the website to search for or link to another third-party site, you agree and understand that you may not make any claim against sit and stay fit for any damages or losses, whatsoever, resulting from your use of the website to obtain search results or to link to another site.

sit and stay fit respects the copyright, trademark and all other intellectual property rights of others. sit and stay fit has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of use. if you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the site or in any content in any way, you may notify sit and stay fit at info@sitandstayfit.com please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/url of the violation, and any other information you believe is relevant.

7. accuracy



while the company uses reasonable efforts to include accurate and up-to-date information in the site, the company makes no warranties or representations as to its accuracy. the company assumes no liability or responsibility for any errors or omissions in the content of the site.

8. privacy policy



we respect the intellectual property rights of others, and we ask you to do the same

by using the site, you signify your acceptance of the company’s privacy policy, (policy) which explains how we use information that you submit to the company.

you may access the policy by clicking here

if you do not agree with this privacy policy, in whole or part, please do not use this site.

9. disclaimers and limitation of liability



Users of the Website (individually and collectively, “User”) expressly agree that use of the Website is at User’s sole risk. Neither sit and stay fit, nor its employees or Providers: warrant that the Website will be uninterrupted or error-free; warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website; or warrant or make any representation regarding the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. sit and stay fit does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated.

The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own informed judgment, and to review and evaluate any and all medical professionals and health information before seeking services or advice from them.

sit and stay fit expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, sit and stay fit makes no representations or warranties:

  • That the sit and stay fit Service, or any particular fitness program is suitable for you;
  • Regarding the adequacy or safety of the sit and stay fit Service for any particular user;
  • That the sit and stay fit Service will meet your personal needs;
  • That the sit and stay fit Service will be permitted in your jurisdiction;
  • That the sit and stay fit Service will be uninterrupted or error-free;
  • Concerning any content submitted by any member;
  • Concerning any third party's use of content that you submit;
  • That sit and stay fit will continue to support any particular feature of the sit and stay fit Service; or
  • Concerning sites and resources outside of the sit and stay fit Service, even if linked to from the sit and stay fit Service

The website is provided by sit and stay fit on an “as is” and “as available” basis.

sit and stay fit DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL sit and stay fit OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF sit and stay fit IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL sit and stay fit's LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM

No oral advice or written information given by sit and stay fit, Providers or the like, shall create a warranty; nor shall user rely on any such information or advice. Under no circumstances shall sit and stay fit or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those States that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

10. continuation



this provision shall survive the termination of your service with the company or its affiliates. notwithstanding any provision in these terms to the contrary, we agree that if the company makes any change to this provision (other than a change to the notice address), you may reject any such change and require the company to adhere to the present language in this provision if a dispute arises between you and the company.

11. language



the parties hereto have expressly required that these terms and all documents and notices relating thereto be drafted in the english language.

12. copyrights



all materials and contents contained in the website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the website itself, are copyrighted materials belonging exclusively to sit and stay fit or its content suppliers and are protected by united states and international copyright law. sit and stay fit enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of title 17 of the u.s. code. all rights are reserved.

13. trademarks



sit and stay fit, “sit and stay fit” symbol, and the related logos and other marks indicated on our website are the exclusive property and trademarks of sit and stay fit. sit and stay fit reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation section 1125 of title 15 of the U.S. code (Lanham Act sec. 43). all other trademarks not owned by sit and stay fit that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by sit and stay fit.

14. indemnity



you agree to defend, indemnify, and hold sit and stay fit and providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these terms and conditions.

15. preservation / disclosure



you acknowledge, consent and agree that sit and stay fit may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

(a) comply with legal process nationally or internationally;

(b) enforce this agreement;

(c) respond to claims that any content violates the rights of third parties;

(d) respond to your requests for customer service;

(e) protect the rights, property or personal safety of sit and stay fit online workouts, its members and the public; or

(f) in furtherance of sit and stay fit interests.

16. MISCELLANEOUS TERMS



In any action against us arising from the use of this Website, should sit and stay fit be the prevailing party, it shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.

sit and stay fit reserves the right to make changes to the Website, these policies, and these Terms and Conditions of Use at any time, effective immediately upon the posting on this Website. Please check these Terms and Conditions of Use periodically. In addition, these Terms and Conditions of Use may be modified only by our posting of changes to these Terms and Conditions of Use on this Website, or by signed, written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. Further, the invalid, void or unenforceable provision shall be reformed to make it enforceable to the fullest extent possible. These Terms and Conditions of Use are the entire Agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms and Conditions of Use. You may not assign your rights and obligations under these Terms and Conditions of Use without our express written authorization. These Terms and Conditions of Use will inure to the benefit of our successors and assigns. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions of Use, or to exercise any right under the Terms and Conditions of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Your continued use of the Applications, Site or Service after we post any amendments to this Agreement will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue your access to and use of the Service.

17. applicable law and venue



the website is created and controlled by sit and stay fit in the state of Florida. as such, the laws of the state of Florida will govern these disclaimers, terms and conditions, and the agreements set forth herein without giving effect to any principles of conflicts of laws that would apply the laws of a different state. sit and stay fit reserves the right to make changes to its website and these disclaimers, terms and conditions and the agreements set forth herein at any time and you agree to accept those changes in exchange for remaining a user. user hereby irrevocably and unconditionally consents to submit to the jurisdiction of the courts for and in Miami-Dade county, state of Florida for any litigation arising out of or relating to use of or purchase made through the website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the venue of any such litigation in such Florida courts and agrees not to plead or claim in any Florida court that such litigation brought therein has been brought in an inconvenient forum.

18. contacting us



We welcome constructive feedback (both positive and negative) on your sit and stay fit experience and ask that you contact us directly at info@sitandstayfit.com so that we can be sure we hear your thoughts on our Service and strive to improve

Please provide your first and last name and email address

If subscription is terminated due to a violation of this Agreement, sit and stay fit will not issue you a refund of any classes paid in advance. sit and stay fit will not issue you a refund for any fees paid when if you cancel your subscription prior to using all class credits.

All memberships remain live until canceled. Members may cancel their membership at any time.