More power to you.
Your workout takes a back seat to your work life. Instead of running laps, you're running errands. You're always on the road, never on the treadmill. Something's gotta give, right? Welcome to MAKE IT FIT, the first online program designed to seamlessly integrate fitness into every aspect of your daily routine.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE.
By using the MAKE IT FIT ("Company") website, you agree to these Terms and Conditions of Use ("Terms & Conditions"). We reserve the right to modify, add, or remove portions of these Terms & Conditions at any time. You are responsible for regularly reviewing these Terms & Conditions prior to each time you access or use the website. By using the MAKE IT FIT website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use this website or the content contained therein.
1. Scope
Unless otherwise indicated, these Terms & Conditions apply to your use of the MAKE IT FIT website including without limitation, all content (defined as all information and data that is part of this website, including without limitation, classes, videos, written text, and posted graphics and images), code, software, tables, and scripts.
2. Binding Agreement
BY ACCESSING OR USING THIS SITE, YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO EACH OF THE TERMS, CONDITIONS AND NOTICES SET FORTH IN THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE TO EACH OF THE TERMS, CONDITIONS AND NOTICES IN THIS AGREEMENT, YOU SHOULD NOT ACCESS OR USE THIS SITE IN ANY MANNER.
3. Restrictions of Use
You acknowledge that this website contains content, code, software, tables, scripts, and other information ("Content") that are protected by trademarks, patents, copyrights, trade secrets and/or other proprietary rights. Our commercial partners, instructors, contractors, and other third parties may also have additional proprietary rights to content which they make available on this website. You may not publish, modify, sell, distribute, or participate in the transfer or sale of any of the Content, in whole or in part.
4. Becoming a Subscriber
You do not have to be a subscriber to use this website. However, if you do not subscribe, you may be precluded from using certain areas and products of our Website. If you elect to become a subscriber, you agree to provide us with accurate and complete information about yourself and you further agree to maintain and update this information. If you provide any information that is inaccurate or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your access to and future use of our website.
As a subscriber, you will be given an opportunity to establish a password that will used to access and use protected areas of the website. You are solely responsible for protecting the security and confidentiality of the password. You shall immediately notify the Company of any unauthorized use of the password, or any other breach or threatened breach of this website’s security.
If you do not abide by these Terms & Conditions at any time or are found to be abusing or misusing the website in any way, you agree that the Company may immediately restrict or terminate your access to this website. Irrespective of the foregoing, the Company's reserves the right in our sole discretion and without prior notice of liability to restrict or terminate your account, your password, and/or access to this website at any time. You agree that we shall not be liable to you for any termination or cancellation of your access to, or use of, our website.
5. Charges and Billing
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement.
Agreement to Pay. You agree to pay for all purchases and services through MAKE IT FIT. MAKE IT FIT may, in its discretion, post charges to your billing payment method individually or may aggregate your charges with other purchases you make on the Service. You are responsible for keeping your account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the billing payment method you designate when you first make a purchase or incur a charge. If any of your billing information changes, you must update that information in the "My Account" section of the site.
Right to Change Prices. All prices for products within the Service are subject to change by MAKE IT FIT at any time.
Taxes. Prices quoted are generally inclusive of any applicable taxes, including sales taxes. MAKE IT FIT reserves the right to change this policy at any time.
Electronic Contracts. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that MAKE IT FIT shall not be responsible or liable to you for the products or services purchased.
6. SUBSCRIPTIONS
Agreement to Pay. By completing the subscription registration, you authorize MAKE IT FIT to charge applicable recurring subscription fees to your designated billing payment method. Monthly subscribers are billed on a 30-day cycle, which begins upon subscription service registration (or at the end of a limited free trial period, if applicable to a promotion that you joined through) and ends 30 days thereafter (each a "Subscription Month"). If you are joining MAKE IT FIT under a subscription plan with an installment billing option, MAKE IT FIT will charge your billing payment method for each applicable installment without further advance notice. If your billing payment method changes during the term of your subscription plan, you must immediately update the billing payment method associated with your MAKE IT FIT account. If MAKE IT FIT is unable to charge your billing payment method for an installment, MAKE IT FIT may: (i) immediately suspend or terminate your MAKE IT FIT account, (ii) seek collection of the outstanding amount owed under the subscription plan and/or (iii) seek legal action against you for breach of this Agreement.
Billing Authorizations for Free Trial Memberships. You may be required to provide billing payment method to register for a free trial offer to the subscription service. In that event, you agree that MAKE IT FIT may obtain a pre-authorization for the fee amount that you will be charged if you complete the free trial and continue a subscription membership. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges however, and MAKE IT FIT will not be responsible for any results, such as an overdraft fee, that may occur to your account because of them.
Right to Change Subscription Fees. All subscription fees are subject to change on a prospective basis upon notice from MAKE IT FIT. If you do not accept the new fees, you should terminate your subscription immediately.
Cancellation.
You can cancel your monthly subscription or downgrade your subscription by delivering notice to MAKE IT FIT via email at cancel@youcanmakeitfit.com. If you cancel your monthly subscription, MAKE IT FIT will not refund any remaining portion of your subscription fees. Cancellation will take effect at the end of the billing period during which you deliver notice to MAKE IT FIT. If you cancel your account near the end of your billing period and are charged for the next month's fee, please contact MAKE IT FIT at cancel@youcanmakeitfit.com and request your refund. If you are joining MAKE IT FIT under a subscription plan that offers discounted monthly rates (below $14.95 per month), you may cancel your subscription at any time but will be billed at the standard full monthly subscription price for the total number of months from the date of sign up.
7. Use by Minors
Certain sections of this website are not designed for use by children under the age of 18. By using or become a subscriber of MAKE IT FIT, you agree and warrant that you are 18 years old or older and will be participating or monitoring your child’s use of the areas that pertain to children.
8. Contractual Agreements
From time to time, the Company will offer promotional or other extended term offers. By choosing to participate in one of these programs, you acknowledge and agree that you are entering into a contract to pay for the services for the term of the agreement regardless of use.
9. Privacy and Security
We are committed to protecting and maintaining your privacy and security. Please review our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.
10. Links to other Internet Websites
This website may contain links to Internet websites owned, operated or maintained by third parties not under MAKE IT FIT’s control. These links are provided for your convenience only. Such links are not to be deemed as an endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for your use of such linked sites.
11. Health Disclaimer
You are specifically warned and advised to seek the advice of a physician before beginning any exercise regimen. MAKE IT FIT is not a substitute for physician consultation or treatment and nothing contained in this website should be construed as giving medical advice, diagnosis, or information.
12. Warranty Disclaimer
(a) ALL CONTENT, OFFERINGS, EDUCATIONAL CLASSES AND MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THIS SITE MAY INCLUDE MISTAKES, OVERSIGHTS, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
(b) THE COMPANY DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT HOST THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) NO INFORMATION OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. WE FURTHER DISCLAIM ANY LIABILITY CAUSED BY INTENTIONAL OR UNINTENTIONAL NEGLIGENCE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.
14. Indemnification
You agree to indemnify, defend and hold harmless the Company and their respective officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your access or connection to, or use of this website, including without limitation claims arising out of information or content submitted to this website by you, your violation of a third party’s intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by you of these terms and conditions. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company’s defense of such claims.
15. Assignment
You shall not assign or otherwise transfer these Terms & Conditions or assign, delegate or otherwise transfer any of your rights, interests or obligations under these Terms & Conditions and any such assignment, delegation or other transfer shall be void. These Terms & Conditions shall inure to the benefit of the Company’s successors, assigns and licensees.
16. Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You consent to the jurisdiction and venue of the state and federal courts in Florida, in all disputes arising out of or relating to the use of this website, provided, however, that the Company may enforce its rights under this Agreement in any jurisdiction.
17. Miscellaneous Terms
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
18. Reservation of Rights
The Company reserves to itself any and all rights not expressly granted herein.
DISCLAIMER: Please be advised that there are risks involved in participating in any exercise program. By participating in the MAKE IT FIT classes, members are assuming all risks of injury that might result. MAKE IT FIT, our instructors, and our third parties shall not be liable for any claims for injuries or damages whatsoever, resulting from or connected with the use of this site. We further disclaim any liability caused by intentional or unintentional negligence.