Terms and Conditions
SMASHFIT CORP. TERMS AND DISCLAIMERS
TERMS OF SERVICE
By participating in the services provided by SmashFit, you certify that you have received consent from your physician to participate in any health program, treatment, nutrition and/or supplement counseling, workouts, and exercises to be provided. You agree to use the information on this site at your own risk. User assumes any and all risk(s) associated with use of any presented programs, therapies, supplements, drugs, exercises, ideas, suggestions, reviews, or any other type(s) of information available on this site.
All members and visitors/readers will be subject to the rules, regulations, terms, and conditions of membership as stated herein or as modified or amended. Your use of the SmashFit website and its services constitutes your full and complete acceptance of the terms and conditions of this agreement. Any rights not expressly granted herein are reserved.The terms and conditions of this Agreement may be amended or modified at any time.*You may not access this site to gain information to use against the website operators, its affiliates or any other person or entity in any conceivable manner. Visitors and Members are authorized to access this site solely for their own personal and private purposes and must agree that they are not visiting or joining for purposes of any official or legal investigation, or for purposes of reporting to any news, legal agent, agency or authority, police (or any other type of law enforcement agency or business), or medical representative, facility, or agency. Researchers, advertising, and other media individuals, must obtain express permission (in writing) from the president of SmashFit to access this site only for their stated (in writing) specific and express purposes. Email attachments are accepted by prior arrangement only.
Members and users understand and agree that SmashFit has no control over the service or content of external links, and is thus is in no way responsible for the information or promises contained in external links. SmashFit, it's owners, affiliates, and members do not necessarily adhere to, or endorse, any or all of the links, stories, articles, editorials, submission reviews, suggestions, philosophies, or products offered by writers-contributors and/or sponsors found on this site. You agree to indemnify and hold SmashFit and the SmashFit owners, directors, officers, representatives, volunteers, successors, employees, and assigns harmless from any claim or demand made by any third party arising out of their use of SmashFit.com, their violation of any of these Terms of Service, or their infringement of any intellectual property or other right of any person or entity. In the case of litigation, the User agrees that in no event shall the maximum liability of the SmashFit and its owners, exceed $50, or the least amount allowed by law.
SmashFit requires that you consult with your physician before following any training instructions or nutritional guidelines you receive from SmashFit or any of its registered personal trainers. SmashFit is not a licensed medical care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury or death. Not all exercises are suitable for everyone. If you feel discomfort or pain, do not continue. Since individual situations, responses, and conditions vary, you are expressly advised to consult with a qualified health professional before attempting any new diet, drug, alternative medicine or treatment, dietary supplement, lifestyle change, or health or fitness program.
Never disregard medical advice or delay in seeking it because of information obtained on SmashFit, including third party links, sponsors, and advertisers. We are not responsible for any health problems that may result from information or training programs you learn about through SmashFit.
If you engage in any exercise program through SmashFit, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge SmashFit from any and all claims or causes of action, known or unknown. You agree to indemnify and hold harmless SmashFit owners, directors, representatives, volunteers and employees for any loss, liability, claim, damage, and expenses (including reasonable attorneys' fees arising from or in connection with your use of the information or services you receive through SmashFit.
If you would like to submit an article, tip, or comment pertaining to fitness, please submit your idea through the Contact Us page. We do not accept unsolicited submissions and can not guarantee we will accept your submission even if we approve your idea. SmashFit makes every attempt to notify the submitter if we decide to publish your article, but accept no responsibility or liability for our failure to do so. We do not pay for ideas or submissions. You must own the copyright or have obtained permission from the owner. We have the right to demand proof of your right to publish should there be a dispute. SmashFit reserves the right to remove your article (without notice) if we deem to do so. We may remove your article due to pertinence, space available, time limits or for other reasons we deem appropriate. Submissions may be edited due to clarity, content, or space available. Submitted articles or communication may be published using your identity including email address, and any other personal or business information. It is the responsibility of the article submitter to accurately represent information being submitted. If and error is found, it is the responsibility of the submitter to correct the error by notifying SmashFit immediately upon discovery of the error. SmashFit assumes no responsibility and no liability for failure of submitter to verify accuracy of their submission. Should there be any dispute over submission content, SmashFit holds final judgement regarding all submissions.
Protecting your privacy is of the utmost importance to SmashFit. Our programs are designed to personally tailor your interactive fitness and training experience to your interests, goals, and fitness level. In order to do this, we collect certain information about you through a Fitness Profile and from your use of an application. We will not, and do not, sell, loan, lease or rent any information gathered on SmashFit.com.
E-mail Communication to Users
SmashFit does not believe in SPAM (junk e-mail). We send two types of communication to our users: 1. Personalized feedback and motivational messages. These messages are sent to you based upon your interaction. 2. General newsletters. SmashFit will distribute newsletters periodically to provide general information and updates to all users. Both the feedback messages and general newsletters may also from time-to-time include special offers from SmashFit. The messages are sent directly from and regulated by SmashFit. You will not receive advertisements or offers directly from third parties.
While we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us and you do so at your own risk. Once we receive your transmission, we take all reasonable efforts to ensure its security on our systems. Sometimes user data is not retrievable or is lost or damaged. In these instances, we will try to retrieve or restore the data but we cannot be held liable for data that is lost or damaged, not retrievable, altered or misused by third parties.
Seller (Consultant) and Purchaser (Client) Hold Harmless and Indemnification Agreement You (the Purchaser) hereby warrants that you will indemnify and hold harmless SmashFit Corp. known hereafter as ("the Sellers"), and its officers, directors, agents and employees. This indemnification and hold harmless warranty extends to Sellers, individually and separately, and, the corporation's successors, and subsidiaries, as against any and all claims, demands, actions, and causes of action, including personal injury, and all other liability whatsoever, including, but not limited to, costs, attorney's fees and/or judgments which arise out of the use of the Sellers exercise and fitness programs, use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this site.
You, as Purchaser(s) further warrant that you will hold harmless and indemnify the Sellers corporation, its agents, directors, officers, employees and individuals named in paragraph one of this Hold Harmless and Indemnification Agreement, against any and all claims for liability and/or damages, arising from any and all violation(s) of Codes, Statutes, Licensing Procedures, Licensure Examinations and/or Registration Requirements, of any such state(s), which govern the practice of weight management and/or nutritional counseling and/or advise, whether known or unknown to the Purchaser(s) at the time of purchase and subsequent use with the public of the Sellers weight management and exercise programs. Such indemnification includes, but is not limited to costs, attorney's fees, and damages, whether or not reduced to judgment and judgments which might arise from such claims, law suits, and/or administrative filings. The indemnification includes all costs and attorney fees incurred by the Sellers in the investigation and defense of any claim enumerated in paragraphs preceding prior to a determination of an exact date of an occurrence and/or incident and/or violation upon which such alleged claims may be based.
Acceptance of the user agreement confirms that Purchaser(s) have agreed to be bound by the terms of the Indemnification and Hold Harmless Agreement and are contractually bound to indemnify the Sellers and its agents, directors, officers, employees and the individuals named in paragraphs preceding, and such obligation includes the responsibility to pay any and all costs and attorney's fees which may be incurred by the Buyer in defending its agents, directors, officers, employees and individuals named in the paragraphs preceding.
All trademark rights are reserved. You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and by other laws and that their use is restricted by the terms of this Agreement.
Access to the SmashFit website and members area is not guaranteed. Examples include but are not limited to the following: Provider Downtime, Network Downtime, Internet Service, Phone Service Interruptions, HTML Coding Errors, System administrator program "crashes", computer downtime, international restrictions, etc. Although, SmashFit will make every effort to format content on the site to display correctly on different browsers, results will vary depending on the type of browser that you are using.
SmashFit does not offer a money-back guarantee of financial results for trainers upon registration. If a trainer’s Profile page does not receive any visits from potential clients, SmashFit may choose to extend the trainer’s membership on a month-to-month basis until the trainer does receive visits to their Trainer Profile page. However, this action will be evaluated on a case-by-case basis and such a response from SmashFit is not guaranteed whatsoever. SmashFit is not responsible for its trainers adding or losing clients. At its discretion, SmashFit may choose to advise trainers on how to encourage visits to a trainer’s Profile page.
SmashFit makes no warranty or representation of any kind, whether express or implied, for the services or information to be provided hereunder. You agree that SmashFit shall not be liable for any losses or damages of any kind, including, but not limited to, those that may result from any error, omission, negligence, interruption in service, delay in delivery, non-delivery, or mis-delivery of services or data components. Under no circumstances shall SmashFit, its owner, or any respective partners, officers, directors, employees, agents, associates or representatives be liable for any damages, whether direct, indirect, special or consequential damages for lost revenues, lost profits, or otherwise, arising from or in connection with this Website, the materials contained herein, or the Internet generally. The user assumes the entire risk as to the accuracy and the use of any information available on this site.
SmashFit reserves the right to refuse registration or membership at our discretion.