FIT NATION

TERMS OF SERVICE

These Terms of Service, which include our Privacy Policy and Data Policy and Payment Terms (collectively “Terms”) govern the use and access to our services, software, FitNation brands, products, websites, or any applications (including mobile applications) made available by FitNation (collectively, the “Services” or “FitNation Services”). By using or accessing the FitNation Services, however accessed, you agree to be bound by these Terms. These Terms affect your legal rights and obligations. If you do not agree to be bound by the Terms, do not access or use the Services.

1 GENERAL TERMS

1.1 You must be at least 13 years old to use the Services. By using or accessing our Services, you represent that you are over the age of 13.
1.2 You are responsible for keeping your password secret and secure and not share it with others.
1.3 You will not post any photos, videos or other content via the Service which is violent, threatening, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive.
1.4 When using our services, you must not defame, stalk, bully, abuse, harass, threaten,impersonate or intimidate people or entities.
1.5 You must not post private and confidential information via the Services, including, but not limited to your or any person’s ID, credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public addresses.
1.6 You will not use the Services for any illegal or unauthorized purpose. You agree to comply with all federal, state, local and provincial laws, rules and regulations which are applicable to your use of the Services.
. 1.7 You will not post or share any content via the Services that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or any applicable law or regulation.
1.8 You will not access the Services, create accounts or collect content or information found via the Services through unauthorized means, including but not limited to automated devices, bots, robots, spiders, crawlers, scraper or scripts, without FitNation’s prior written authorization.
1.9 You agree that you will create only one account. You also represent that all information you provide, provided or will provide to FitNation upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
1.10 You are responsible for any activity that occurs through your account and you agree not to sell, transfer, license or assign your account, username, or any account rights. You are solely responsible for your conduct and for any data, text, files, information, usernames, images, graphics, photographs, video and audio clips, profiles, applications, links and other content or materials (“Content”) that you submit, post, display or share on or via the Services.
1.11 You must not create or submit unwanted emails, comments, likes or other forms of commercial or harassing communication, known as spam, on or via the Services. 1.12 You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any FitNation page is rendered or displayed in a user’s browser or device.
1.13 You will not test the vulnerability of any of the Services, systems, servers or networks and will not attempt to or breach any security or authentication measures of the Services.
1.14 You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or FitNation.
1.15 You will use the Services or any Content viewed through the Service for your personal and non-commercial use only.
1.16 You will not promote or advertise products or services other than your own.
1.17 You will not circumvent storage space limits.
1.18 You must not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms or any other FitNation terms.
1.19 You will not use the Services if you are a convicted sex offender or anyone on the U.S. Treasury Department’s list of Specially Designated Nationals.
1.20 Violation of these Terms may, in FitNation’s sole discretion, result in termination of your FitNation account.

2 GENERAL CONDITIONS

2.1 We reserve the right, in our sole discretion, to change these Terms (“Changed Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Changed Terms become effective. You agree that we may notify you of the Changed Terms by posting them on the Services, and that your use of the Services after the effective date of the Changed Terms constitutes your agreement to the Changed Terms. Therefore, you should review these Terms and any Changed Terms before using the Services. The Changed Terms will be effective as of the time of posting, or such later date as may be specified in the Changed Terms, and will apply to your use of the Services from that point forward. These Terms will govern any dispute arising before the effective date of the Changed Terms.
2.2 We reserve the right to refuse access to the Services to anyone for any reason at any time.
2.3 We reserve the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by FitNation, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Therefore, FitNation encourages you to maintain your own backup of your Content. FitNation will not be liable to you for any modification, suspension, or discontinuation of the Services, or any loss of any Content.
2.4 We reserve the right to force forfeiture of any username for any reason.
2.5 Although it is FitNation’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
2.6 You agree that you are responsible for all data charges you incur through use of the Services.

3 PRIVACY AND YOUR CONTENT

3.1 We know how important privacy is. This is why our Privacy Policy and Data Policy is designed to make important disclosures about how to use our Services and how we use your information.
3.2 FitNation does not claim ownership of any Content that you post on or through the Services. Instead, you hereby grant to FitNation a non-exclusive, fully paid and royalty free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Services, subject to our Privacy Policy and Data Policy. We reserve the right, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine, in our sole discretion, violates these Terms. Any Content uploaded as Public Content, as defined below, can be used for our future marketing or advertising purposes.

4 SHARING

4.1 You are able to share your Content with others and can choose who can view your Content and activities on or through the Services. Please exercise common sense and use your best judgment when interacting with others, including when you submit or post Content or any personal or other information. If your Content, some of it, or all of it, is marked as “Private”, no one else but you will be able to see that Content marked as Private. If your Content, some of it or all of it, is marked as “Shared”, only the ones selected will be able to see that Content marked as “Shared”. If your Content, some of it, or all of it, is marked as “Public”, everyone(the public at large) will be able to see that Content marked as “Public”.
4.2 You are solely responsible for your interaction with other users of the Services, whether online or offline. You are also solely responsible for how you choose to share your Content. You agree that FitNation is not responsible or liable for the conduct of any user. FitNation reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
4.3 When you delete your Content it will be permanently deleted from the Services immediately. Unless you delete something you have shared with others and they have not deleted it.

5 SAFETY AND YOUR RESPONSIBILITIES

5.1 Although it is FitNation’s intention for the Services to be a safe and secure place for your Content, we cannot guarantee it. You acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. You are responsible for your Content posted with the Services and commit to help keep FitNation a safe and secure place by following these Terms.
5.2 You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other moneys owed by reason of Content you post on or through the Services; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.
5.3 You agree that FitNation is not responsible for, and does not endorse, Content posted within the Services. FitNation does not have any obligation to prescreen, monitor, edit or remove any Content. If your Content violates these Terms, you may bear legal responsibility for that Content.

6 PAYMENTS

6.1 By making a payment on our Services you agree to our Payments Terms.

7 COPYRIGHT

7.1 The Services contain content owned or licensed by FitNation (“FitNation Content”). FitNation Content is protected by copyright, trademark, trade secret or other laws, and as between you and FitNation, FitNation owns and retains all rights in the FitNation Content and the Services. You will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the FitNation Content.
7.2 The FitNation name and logo are trademarks of FitNation, and may not be copied, imitated or used, in whole or in part, without the prior written permission of FitNation. We ask you to respect our intellectual property and that of others. We will respond to notices of alleged copyright infringement if they comply with the law.

8 UPGRADED ACCOUNTS

8.1 Your general subscription to the Services (“General Account”) is free. It gives you limited access to FitNation Content. You have the option to purchase access to the premium user customized FitNation Content for a monthly fee. By accessing the premium user customized FitNation Content, you will upgrade your account to an Upgraded Account or FitNation Plus Services. We will charge you a monthly fee automatically from the date you convert your General Account into an Upgraded Account. We will charge taxes when required, but you are responsible for all applicable taxes.
8.2 Your Upgraded Account will stay in effect until you cancel it or downgrade it. If you do not cancel or downgrade or do not pay the monthly fee, we reserve the right to revert your subscription level to the General Account. You are able to cancel or downgrade your Upgraded Account at any time, but you will not be issued a refund for any unused time remaining for the month for which you have paid the monthly fee. If we change the fees associated with our Services we will give you an advance notice of these changes. Any changed fees will be applied from the time of change forward.

9 TERMINATION

9.1 You may delete or cancel your account at any time. We reserve the right to suspend or end our Services at any time at our discretion and without notice. If you violate our Terms or otherwise create risk or possible legal exposure for us, we can end or suspend your account, even if you are an Upgraded Account user.
9.2 We reserve the right to end your account if you have not used it or accessed our Services in 12 consecutive months. A notice will be provided before termination. We are not responsible for the loss of your Content if you choose to delete or cancel your account, or if we cancel your account due to inactivity.

10 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

10.1 THE SERVICES, INCLUDING, WITHOUT LIMITATION, FitNation CONTENT, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, FitNation AND ITS EMPLOYEES, MANAGERS, OFFICERS, DIRECTORS, AGENTS. AFFILIATES, SUPPLIERS AND DISTRIBUTORS (COLLECTIVELY ‘FitNation PARTIES’) MAKE NO WARRANTIES OR REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE FitNation CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FitNation OR VIA THE SERVICES. THE FitNation PARTIES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
10.2 THE FitNation PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE FitNation PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE FitNation PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE FitNation PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
10.3 BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. THE FitNation PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT
10.4 UNDER NO CIRCUMSTANCES WILL THE FitNation PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLYOR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE FitNation CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE FitNation PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE FitNation PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE FitNation PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE FitNation PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE GREATER OF TWENTY DOLLARS ($20.00) OR THE AMOUNT YOU HAVE PAID US IN THE PAST 12 MONTHS
10.5 YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES ORINJURIES THAT ARISE OUT OF FitNation’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE FitNation PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE FitNation PARTIES.
10.6 BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HERMUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
10.7 FitNation IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

11 INDEMNIFICATION

11.1 You agree to defend (at FitNation’s request), indemnify and hold the FitNation Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your Content or your access to or use of the Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any ntellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by FitNation in the defense of any claim. FitNation reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of FitNation.

12 GOVERNING LAW AND VENUE

12.1 In case of any dispute between you and FitNation (whether or not such dispute involves a third party), you agree to contact us and make good faith effort to resolve the dispute amicably. If a dispute cannot be resolved informally, then the following terms govern:
12.2 These Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. You agree to resolve any dispute you have with FitNation exclusively in a state or federal court located in Sacramento, California, and to submit to the personal jurisdiction of the courts located in Sacramento County for the purpose of litigating all such disputes.
12.3 If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. FitNation’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. FitNation reserves the right to change this provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This provision will survive the termination of any or all of your transactions with FitNation.

13 TERRITORIAL RESTRICTIONS

13.1 The information provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject FitNation to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that FitNation provides.
13.2 Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
13.3 The effective date of these Terms is January 1, 2016.


FITNATION PAYMENT TERMS

1 PAID SERVICES

1.1 Even though the general subscription to our Services is free, we provide certain services which require payment (“FitNation Paid Services”). For example, if you would like to upgrade your account by accessing the premium user customized FitNation Content, you are required to pay a monthly service fee. We reserve the right to add other paid services. For any paid service that you elect to use, the following payment terms apply:

2 AUTO-RENEWABLE RECURRING BILLING

2.1 By selecting to upgrade your subscription to include FitNation Paid Services and providing or designating a current, valid, accepted method of payment (“Payment Method”), you authorize us to charge you a monthly subscription fee of USD$1.99, and any other charges, fee or taxes you may incur in connection with your use of the FitNation Paid Services. Your subscription will be charged to your iTunes account at confirmation of purchase and will automatically renew each month on the relevant payment cycle period. You acknowledge that your current subscription may not be canceled during the active subscription period; however, you may manage your subscription and/or turn off auto-renewal by visiting your iTunes Account Settings after purchase.
2.2 By using FitNation Paid Services, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness. We may revoke your eligibility to use FitNation Paid Services at any time at our sole discretion. In order to prevent financial loss to you or to us, we may contact your Payment Method issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law. We may cancel any transaction if we believe the transaction violates these Terms or if we believe doing so may prevent financial loss. We may also cancel any electronic value accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behavior.

3 PRICE CHANGES

3.1 We reserve the right to adjust pricing for our FitNation Paid Services or any components thereof in any manner and at any time as we may deem appropriate in our sole and absolute discretion. Except as otherwise expressly provided for in our Terms of Service, any price changes to your account will take effect following a notice to you.

4 BILLING CYCLE

4.1 The subscription fee for our FitNation Paid Services will be billed at the commencement of billable services arising from your upgraded subscription and each month thereafter unless and until you cancel your subscription or downgrade it to a free general account. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your FitNation Paid Services. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your FitNation Paid Services began at the close of a given month, we may bill your Payment Method on a day in the next month or such other day as we deem appropriate. For example, if you started your FitNation subscription or initiated FitNation Paid Services on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your subscription. We may authorize your Payment Method in anticipation of subscription or service-related charges. As used in these Payment Terms, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

5 NO REFUNDS

5.1 PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the FitNation Paid Services through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and formof such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

6 PAYMENT METHODS

6.1 When using a Payment Method, you represent that you are authorized to use that Payment Method. You authorize us to charge the full amount to the Payment Method you designate for the transaction. You also authorize us to collect and store Payment Method information along with other related transaction information. You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at my profile. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
6.2 If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your purchase. We will bill your card at the time you load funds for your FitNation Paid Services, or shortly thereafter. If you cancel a service or transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you. If you fund a payment by debit card and your load transaction results in an overdraft or other fee from your bank; you alone are responsible for that fee.

7 CANCELLATION

7.1 You may cancel or downgrade your FitNation Paid Services subscription at any time, and you will continue to have access to the FitNation Paid Services through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. If you cancel your FitNation Paid Services subscription, your account will automatically close at the end of your current billing period.
7.2 If you ever experience any problems, please contact us as soon as possible.


PRIVACY POLICY

FitNation’s privacy and security measures are designed with deep bunker security in mind, so any personal information that you provide is used for the purpose of receiving FitNation communications, purchasing FitNation products, market research and personalizing and enhancing your web experience with FitNation, and for no other purpose. FitNation’s specific privacy policies are outlined below.

HOW WE COLLECT THE INFORMATION

There are many ways that FitNation obtains information from you: via registration and login process via the FitNation applicaiton, signup on FitNation’s website; from an in-app purchases; from navigational information about where visitors go on our application and/or website; when you enter a FitNation sweepstakes/giveaway; upon contacting customer service to request FitNation communications; or upon signing up at an event.

THE INFORMATION WE COLLECT

In order to provide users with the most efficient and enhanced service and to better understand your preferences, we may request any of the following information from you: name, address, telephone number, email address, gender, year of birth, type of exercise regime, fitness goals, shopping preference, product interest. Of course we will need your credit card information for any online purchases, however this is processed by our third party payment gateway provider.

HOW WE USE THE INFORMATION

All personal information that we obtain about you will be recorded, used and protected by us in accordance with current data protection legislation and this privacy policy. We will primarily use your personal information to provide products and services to you and, for example:
• to administer a contest, promotion, survey, market research, focus group or other site feature and to provide you with the relevant products or services (for instance to deliver a prize you may have won in a contest);
• to send you information/materials via e-mail or mail about products, offers and news that may interest you. This information may relate to products, offers and news of FitNation. We only send you this if you have opted-in to receive FitNation email messages; and
• to analyze visits to the application and/or website and learn about the interests of our visitors in aggregate and also on personal level to better understand your interest and need, so we can improve our products and services and deliver to you the type of content, features and promotions that you are most interested in.
The information obtained from your registration on the FitNation application is utilized to improve your app experience with FitNation by enabling you to obtain more relevant and personalized workout programs, recipes, meal plans, and/or opt-in to receive occasional e-mails, which provide you with the latest information regarding FitNation and its products. The information we ask for when you register to use the FitNation application is your name, address, phone number, credit card number and email address, and is used only to complete the order, to confirm the order and to confirm shipment of the order. You may, upon placement of an order, opt to allow FitNation to save the information for a speedier checkout process the next time. This information is then stored only for the purposes of faster checkout and is not used for any other purpose.
The navigational information allows us to see which areas of our website are most visited and helps us improve the quality of your online experience by recognizing and delivering the most desired features and services. Additional non-personally identifiable information (for example, browser version, IP address) may be collected which will provide information regarding the general use of our website.
FitNation will never sell any information about you to anyone. “Cookies” are used by FitNation only to allow youto use FitNation’s web site in the most efficient manner.

COOKIES

A cookie is a small removable data file that is stored by our web browser on our device. Cookies allow you to use the FitNation application and allow us to enhance and personalize your user experience.
You can choose to have your device warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your settings.
We also work with other companies who use tracking technologies to serve ads on our behalf across the internet. These companies may collect non-personally identifiable information about your visit to our website and your interaction with our communications, including advertising.

E-MAIL

FitNation will only send emails to you if you ask for them and you can easily unsubscribe at any time you want. FitNation has a company policy not to flood people with email correspondence, but simply gives you periodic information so you can stay up to date on what FitNation is offering. FitNation also uses your email address to confirm your order and to confirm shipment of your order and to respond to any inquiries you make online. All emails you receive will provide you with information as to how to get off the email mailing list if you so desire.

SECURITY

Our website’s bunker security system is armed with a sentry system to monitor activity and prevent any unauthorized disclosure of credit card numbers or other personal information. In addition, we utilize a licensed system for credit card authorization and fraud detection. We use industry standard SSL (Secure Sockets Layer) encryption to protect the confidentiality of your personal information.

OPT OUT / UNSUBSCRIBE

You may request to stop receiving communications from FitNation at any time. You can choose to cancel emails by clicking the “Unsubscribe” link that is provided at the bottom of all email correspondence.