Terms of Use

Last Updated: March, 2022    

These Terms of Use (the “Terms”) constitutes a legally binding contract between you as a user (“user”, “you”, “your”) of the fit-workout.com (the “Website”), our products or services (“Services”) and us, Accelerate Media Group Inc. (“we”, “Company”, “us”, “our”) as the owner of the Website.   

The Terms govern your rights and duties in regard to using the Website and receiving Services. Users and Company are collectively referred to as the Parties and severally as Party.

By merely accessing our Website you agree to be bound by the Terms in full without any reservations. If you don’t agree to be bound, please do not use the Website.

If you want to be aware of how we process your personal data, please see our Privacy Statement and Cookie Statement.

General

The Website is designed for the provision of various Health and Lifestyle products and services, and/or other products and services as the case may be (“Services”).

You may use the Website and receive Services only if you are an individual and have a full legal capacity to do that under the laws of your residency. If you are a minor under the laws of your residency, you may use the Website and receive Services only with the approval of your parent or guardian. In this case, the parent or guardian is responsible for any activities of the minor user.

We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without prior notice to you.

Account Registration

When you create an account with us, you guarantee that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Subscription

Certain features of the Service may be offered on a subscription basis for a fee. You may purchase a subscription from the Company by paying a subscription fee in advance on a recurring interval disclosed to you prior to your purchase.

To the maximum extent permitted by applicable laws, we may change subscription fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the website and/or by sending you an e-mail notification, or in other prominent way. If you do not wish to pay the new subscription fees, you can cancel the applicable subscription prior to the change going into effect or/and abstain from pre-paying for access to the Service.   

By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription you authorize us to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Service.

We may offer a trial subscription for the Service. Trial ($1.00) provides you access to the Service for 1 day, with details specified when you sign up for the offer. Unless you cancel before the end of the trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service ($59.99). It is ultimately your responsibility to know when the trial will end. We reserve the right, in our absolute discretion, to modify or terminate any trial offer, your access to the Service during the trial, or any of these terms without notice and with no liability.    

Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Statement.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Intellectual Property

Content we share with you

Provided that you fully comply at all times with these Terms and any other policies or restrictions posted on or transmitted through the Website, Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website. Except as otherwise specifically noted in these Terms or on the Website, and all other information, content, user interfaces, graphics, registered or unregistered trademarks, logos, images, artwork, videos, and documents, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such materials, made available through the Website (collectively, the “Content”), regardless of its source or creation, is owned, controlled or licensed by or to Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws, and Company reserves and retains all rights in and to such Content. Any reproduction, redistribution or other use or exploitation of software in violation of any applicable software license or in violation of any license granted under these Terms is expressly prohibited by law, and may result in civil and criminal penalties.

Except solely as necessary for you to access the Website for the intended purpose pursuant to these Terms, you may not copy, collect, modify, create derivative works or uses of, translate, distribute, transmit, publish, re-publish, perform, display, post, download, upload, sublicense, transfer, dispose of, resell or sell the Content or any other part of the Services. Except as expressly set forth in these Terms, these Terms do not grant to you any license to any intellectual property rights or other proprietary rights, including any implied licenses or licenses granted by estoppel or otherwise.

Subject to your compliance with these Terms, solely for so long as you are permitted by Company to access and use the Website, and provided that you keep intact all copyright and other proprietary notices, you may view Content and you may download and print the materials that Company specifically makes available for downloading from the Website (such as white papers or user documentation), in each case solely for informational purposes and solely for personal or internal business use.

Content users share with us

By making available your feedback, profile information on the Website you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to exploit such content in any manner. The rights you grant us are only for the limited purpose of provision, offering, and improving our Services.

You are solely liable for all your content. By delivering your content to the Website you represent and warrant that you are the legal holder of the rights on that content and you are competent to grant us the license to use your content. You are responsible for ensuring that content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of content to this Website.

If you believe that any content on the Website violates your intellectual property rights, please notify us by [email protected] 

We reserve the right to remove or disable access to any content, at any time and without notice, if we at our sole discretion consider that any content violates the Terms or belongs to the material which is prohibited by law. 

Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

  • In any way that violates any applicable national or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

  • Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
  • Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
  • Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of Service.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
  • Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Take any action that may damage or falsify Company rating.
  • Otherwise attempt to interfere with the proper working of Service.

Disclaimers

Except where otherwise inapplicable or prohibited by law to the fullest extent permitted by law, you expressly understand and agree that your use of the Service is at your sole risk, and the Service is provided on an “as is” and “as available” basis.

The Company or its affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement as well as any and all warranties as to products or services offered by businesses listed on the service. The released parties make no, and expressly disclaim any warranty that:

  • the Service will meet your requirements,
  • the Service will be uninterrupted, timely, secure, or error-free,
  • the results that may be obtained from the use of the Service, including data, will be accurate or reliable,
  • the quality of any data or service available on the Service will meet your expectations, and
  • any errors in the service will be corrected.

Any material obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material.

We cannot guarantee and do no promise any specific results from use of the Service. You agree also to take the risks of interruption of the Service for any technical reasons.

Any statement that may be posted on the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.

The Company makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability relating to your reliance on the statements or other information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

We may change all the information provided on the Service at our sole discretion without notice.

The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.

We may at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) at our sole discretion with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

Indemnity

You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your of Content, or (ii) your violation of these Terms.

The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Links to other websites

Our Service may contain links to third party websites or services that are not owned or controlled by Company.

Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.  

We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.

Governing law

These Terms shall be governed in accordance with the laws of the state of Virginia, the USA.

To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of the state of Virginia, the USA, to settle any disputes which may arise out of or in connection with this Terms and that accordingly proceedings must be brought in such courts.

The Parties irrevocably submit to the personal jurisdiction and venue of the courts of the state of Virginia, the USA, any defenses of improper venue or forum non-conveniens.

Amendments

We reserve the right, at our sole discretion, to change or modify any part of the Terms at any time. We may notify registered users by email before the date when amendments become the provisions of the Terms. When it comes, this date will be indicated in the “Last updated” at the top of the Terms.

Your subsequent use of the Website after any such changes constitutes your acceptance of the latest terms of the Terms.

Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous

The Terms replace any other arrangements between the Parties as well as all prior versions thereof. Should any provision of the Terms (a clause or a statement within a clause) be declared invalid or unenforceable, it should not affect the remaining provisions in whole or part.

Our failure to exercise any right or provision in the Terms should not be considered as a waiver of such right or provision of the Terms.

These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without prior notice to you.  

Contact Us

Should you have any questions regarding the use of the Website or regarding the Terms, please contact us at [email protected] or to 9364 N Rinker Drive, Mechanicsville, VA 23116, United States.