Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Company's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Company's web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or 'mirror' the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Company's web site are provided 'as is'. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. No Professional or Medical Advice; No Doctor-Patient Relationship

OUR COACHES ARE NOT HEALTHCARE PROFESSIONALS. OUR SERVICES AND THIS SITE DO NOT PROVIDE OR OFFER, AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT (“MEDICAL ADVICE”). UFIT provides the services for informational purposes only. Based on information that you request and/or provide to us, UFIT provides you: (i) access to general health education and information; (ii) nutritional and other fitness advice from our Coaches; and (iii) references to other resources. While UFIT believes that the information provided through our Services and the Site is current and reliable, UFIT cannot and does not make any such guarantee or warranty.

YOU HEREBY AGREE THAT, BEFORE USING OUR SERVICES, YOU WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL ADVICE, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS ARISING FROM CHANGES IN YOUR DIET OR LIFESTYLE. Our Services are not intended to be used by Minors or individuals with health conditions that makes the kind of changes to diet or lifestyle suggested by our Services unsafe or inappropriate.

Furthermore, UFIT shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. UFIT shall not be liable to you for your reliance on any information obtained through the use of the Services or this Site, and UFIT disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by UFIT's gross negligence or wilful misconduct.

5. Assumption of Risk and Disclaimer

UFIT PROVIDES, AND YOU ACKNOWLEDGE AND AGREE THAT UFIT PROVIDES, THE SERVICES, THIS SITE AND ANY AND ALL MATERIALS RECEIVED BY YOU AS PART OF YOUR USE OF OUR SERVICES AND THIS SITE “AS IS” AND “WITHOUT WARRANTY” OF ANY NATURE OR KIND. UFIT GRANTS NO, AND UFIT HEREBY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES AND THIS SITE PROVIDED TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SERVICE, THIS SITE, OR CONTENT WITH WHICH IT IS LINKED. UFIT DOES NOT WARRANT THAT (I) YOUR USE OF THE SERVICES OR THIS SITE WILL BE UNINTERRUPTED OR SECURE, THAT IS WILL BE ALWAYS AVAILABLE OR ERROR FREE OR WILL MEET YOUR REQUIREMENTS OR NEEDS, (II) ANY OR ALL DEFECTS OR ERRORS IN THE SERVICES OR THIS SITE WILL BE CORRECTED OR (III) THAT THE SERVICES OR THE INFORMATION PROVIDED ON THIS SITE IS ACCURATE, CURRENT OR COMPLETE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SERVICE OR ACCESS THERETO AT ANY TIME WITHOUT NOTICE TO YOU. TO THE EXTENT YOUR COMMUNICATION WITH CUSTOMER SERVICE OR A UFIT REPRESENTATIVE THROUGH ANY SOURCES, THE STATEMENTS AND PROMISES MADE OR ACTIONS TAKEN BY THEM SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THESE TERMS OF USE AND THIS DISCLAIMER SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

FURTHER, USING THE SERVICES MAY INVOLVE THE RISK OF PHYSICAL OR MENTAL INJURY OR ILLNESS. SPECIFIC RISKS VARY FROM ONE DIET OR LIFESTYLE CHANGE TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES OR ILLNESS TO MAJOR INJURIES OR ILLNESS.

IN CONSIDERATION OF YOUR USE OF THE SERVICES, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THE RISKS AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS UFIT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL AND OTHER REASONABLE FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION (AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THESE TERMS OF USE; (II) YOUR USE OF THE SERVICE, YOUR ACCOUNT(S), YOUR CLIENT CONTENT; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THIRD PARTY RIGHTS, INCLUDING, WITHOUT LIMITATION, FOR PERSONAL, BODILY, OR MENTAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, ECONOMIC LOSS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM OR ANY DAMAGE TO YOU OR OTHER THIRD PARTIES RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF UFIT OR ANYONE ON UFIT’s BEHALF. YOU UNDERSTAND AND ACKNOWLEDGE THAT UFIT IS PROVIDING INFORMATIONAL SERVICES ONLY AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS.

UFIT HEARBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED BY OUR COACHES.

6.Limitation of Liability

IN NO EVENT SHALL UFIT, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE: (I) TO YOU FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR GOODWILL, LOSS OF PROGRAMS, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR COST OF SERVICE INTERRUPTIONS) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, THIS SITE, THE SERVICES MOBILE APPLICATION SOFTWARE (IF ANY) AND ANY AND ALL EQUIPMENT OR DEVICES RECEIVED BY YOU AS PART OF YOUR USE OF IN THE SERVICES, EVEN IF UFIT OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) TO ANY PERSON OTHER THAN YOU FOR ANY DAMAGES WHATSOEVER.

IN ADDITION, UFIT DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER CLIENTS OR UNAUTHORIZED USERS (E.G., “HACKERS”) OF THE SERVICES. EXCEPT WHERE DUE TO UFIT'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

IN NO EVENT SHALL UFIT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY AMOUNT IN EXCESS OF THE AMOUNTS PAID BY YOU (OR BY A THIRD PARTY ON YOUR BEHALF, AND ONLY TO THE EXTENT SUCH AMOUNT IS DIRECTLY ATTRIBUTABLE TO YOU AND NOT ANOTHER CLIENT) TO UFIT FOR ACCESS TO THE ONLINE SERVICES AND THIS WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.

7. Revisions and Errata

The materials appearing on Company's web site could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its web site are accurate, complete, or current. Company may make changes to the materials contained on its web site at any time without notice. Company does not, however, make any commitment to update the materials.

8. Links

Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked web site is at the user's own risk.

9. Site Terms of Use Modifications

Company may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

10. Governing Law

Any claim relating to Company's web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.