Term of Use

Fit Figure (Irvine Spectrum Fitness LLC.) And all its sponsors and affiliates are included in the terms "Fit Figure", "our", "we", "us". Any use of the page www.fitfigurefitness.com and any other property under the name or address of Fit Figure is subject to the terms and conditions that are accepted when entering the website.

Read carefully the "Terms of use" to be aware of all the rules and regulations, and then start enjoying the page. If you do not agree with the established Terms of Use, we recommend you not to use the Fit Figure site.

All these terms exempt the appropriate figure and others from liability, or limit their liability and contain other provisions that you should read.

At any time, Fit Figure may change and update these terms at its own discretion. Whenever you are using the site, the conditions will regulate your actions and the use of the same page. After each update, you will be notified of the changes made to the Terms of Use, so you can confirm if you agree with what is stipulated in them and can continue using the page.

         Ability to accept the terms of use

It is stipulated that our website is only used by people over 13 years of age; therefore, by making use of our site, you are letting us know that you meet that requirement. By accepting the terms of use of our page on behalf of a legal entity, you are guaranteeing and declaring that you have the authority to consent to our terms of use on behalf of the entity.

         Scope

The main objective of these Terms of Use is not to replace, but to complement the existing agreements between us, Fit Figure, with our clients regarding the services acquired or purchased.

The use of this website is carried out with your own consent and criteria, all at your own risk. Fit Figure is not responsible for any damage resulting from using our site.

By accepting the terms of the site, the user declares that it is not located in any country subject to an embargo by the United States government or designated by them. It also declares that it does not belong to any terrorist country that appears on the list of restricted or prohibited countries of the US government.

         Accuracy, integrity, and timeliness of information

All the effort made by us is to ensure that the information provided on our site is the most accurate, although that does not mean that the information is always correct. Fit Figure is not responsible for the lack of accuracy, authenticity, and integrity of the information on this page.

All the information that a user has obtained through our site should not take it into account as the only viable source of information, that is, you can use it as a reference, or you can consult on other pages to corroborate and obtain much more accurate and complete information.

         Use of the site

The content found on the site, such as design, text, logos, graphics, audio clips, interfaces, software, downloads, code, images, icons, any intellectual property, and the selection of any of these are the exclusive property of us, Fit Figure, its affiliates, its content providers and licensors. Everything is protected by copyright, trademarks, and other applicable laws.

It is not allowed to use the site or its materials as part of any offer or service for third parties. Information that is misused, as well as any software or hardware that is not used correctly, either with the intention of interfering or damaging the proper functioning of the site, subtracting confidential information or intervening in the data system, is entirely prohibited.

Fit Figure reserves the right of access to any user who wants to interrupt the operation of the page, being able to do so at any time without prior notice. The restriction of access to or use of the site will not affect any rights to which Fit Figure is permitted by law or equity.

It is strictly forbidden to register or use false email addresses, supplant the identity of any entity or person, or provide misleading information regarding the use of the site.

Any of the observations, suggestions, graphics, ideas, or other information communicated to us through the site or related to it, as long as it is not personal information or confidential information by the suppliers, are and will be the property of Fit Figure. Fit Figure will have the right to use such information for commercial purposes without compensation, to give credits, notify the sender or any other person.

Fit Figure will not incur any responsibility as a result of the similarities that may appear in its future business operations, products, or services. Fit Figure upon receiving unsolicited submissions, the sender loses the right to file any complaint or claim against us with respect to their submission.

The information obtained from the site and its use must be consistent with our Privacy Policy located on the page and any other agreement that may exist between the user and Fit Figure. Any improper use of the page for illegal purposes said evidence would be delivered to the police authorities.

Fit Figure makes corrections or patches from time to time to maintain the proper functioning of the page, to install updates, add improvements, and modify the site. In some cases, these updates can be done automatically without prior notice or without some extra consent, as the user gives his permission for automatic updates. If there is a user who has not updated the software or another required element, their interaction with the site may be compromised.

        Links

The site may present links to other web pages or applications for the user's convenience, as it is an additional resource to obtain information directly.

Fit Figure, despite containing links to other websites and applications, has not thoroughly reviewed the information of each of them, so we are not responsible for the content, information, product, material, or services that may present applications and sites outside of ours. The inclusion of links on our website should not imply an affiliation or subscription with the page or application that is linked, nor as an approval of the content; Within them, different terms and conditions apply to the use of any website and application. Fit Figure is not responsible for any damage, loss, or any irresponsibility committed as a result of the use of any web page and application linked or referenced from our site.

       Intellectual property

The intellectual property of us, Fit Figures, including the logos, trademarks, and service marks displayed on our site, are registered and unregistered trademarks of Fit Figure, its licensors, its affiliates, its content providers, and other third parties. All logos, trademarks and service marks are the property of their respective owners.

Nothing on the site may imply the granting, by implication, impediment, or in any other way, of a right to use or license any logo, trademark, or service mark displayed on our page without the prior written permission of the owner, unless otherwise described in that document.

Obtaining the information or material included in the site is conditioned in such a way that users are prohibited from modifying or eliminating any copyright, trademark, or other proprietary notice that is within the information. The information or material found on the site must not be misused, so any modification, transmission, distribution, dissemination, transmission, publication, performance, license, transfer or sale, reverse engineering, creation of derivative works, and Any material or information obtained from the site software is strictly prohibited.

Fit Figure, its licensors, its affiliates, and content providers retain the full title and all information and material provided by the site, including all associated intellectual property rights. Fit Figure does not represent or warrant that the information and content on the website are used in a manner that infringes the rights of third parties not affiliated with Fit Figure. Fit Figure reserves all rights not expressly granted on and for the site.

Fit Figure respects the intellectual property rights of others, but can also remove content that may infringe the intellectual property rights of third parties. If the user believes that the site has infringed their intellectual property rights, notify Fit Figure, and provide the following information:

An identification of intellectual property that is allegedly infringed, adding copies of registration certificates, if possible.

  • A description with details about the material that you believe is being infringed, so that Fit Figure can locate it.

  • Your address, email address and phone number.

  • A statement from you stating and giving good faith that the alleged offender is not authorized by the owner or owner of the intellectual property rights, his agent, or the law.

  • A statement, made under penalty of perjury, that the information previously provided is accurate and that you are authorized to act on behalf of the owner or owner of the intellectual property rights involved.

All of the above must be sent to the following email address:

ken@fitfigurefitness.com

      Disclaimers

The use of our page is at the sole risk of the user. The site is provided "as is" and "according to availability". Fit Figure reserves the right to prohibit any function or terminate access to the site or part of it at any time.

Fit Figure rejects all warranties of any kind, both implicit and explicit, including, but not limited to: implied warranties of merchantability and fitness for a particular purpose and any warranties that the materials delivered immediately are discounts; that access to the site is error-free or uninterrupted; performance course or treatment course; that the site will be safe and free of any virus; or that the information is complete, accurate, authentic or timely.

Users are solely responsible for any damage to their computer system or loss of data as a result of loading or unloading any material. Any information or advice, whether written or oral, obtained through the site, will not create any warranty of any kind. Any warranty that cannot be excluded under applicable law is limited in duration to thirty days from the event that offers the scope of the warranty.

      Limitation of Liability

Users of the site accept that any information that can be sent or received is not completely secure and can be obtained and intercepted by unauthorized parties. It is recognized and understood that the total responsibility for the use of the site is at the user's discretion and risk.

Fit Figure, its affiliates, licensees, franchisees or business partners will not be responsible for any direct, indirect, incidental, punitive, special, consequential damages arising from, or in any way related to the delay or inability to use the site, also applicable for any information advertised or products obtained through the site, or in any other way that includes the use of the site, by contract basis, strict liability or otherwise, even if Fit Figures or any of its affiliates, licensees, franchisees or business partners have been informed of the possibility of damages and regardless of the existence of negligence unless otherwise indicated.

The aforementioned disclaimer applies without any limitation, to any injury or damage arising from any performance failure, omission, error, elimination, interruption, defect, computer virus, delay in operation or transmission, file corruption, failure of the communication network, communication network system or omission in the communication network system, any loss of benefits, destruction, theft, alteration, unauthorized access, loss of use of any record or data, or any other intangible or tangible loss.

Users of the site specifically acknowledge and accept that they are assigned to the figure, its affiliates, franchisees, licensees, and its business partners, will not be responsible for any defamatory, offensive, illegal, or otherwise appropriate conduct. The maximum amount of recoverable direct damages for all events, acts or omissions here or otherwise, except for the events involved in fraud or improper will of the parties, shall not exceed the total amount of cash to be paid by the user to adjust the figure for the services provided by Fit Figure (if the user is a customer). In no case shall the damage measure be included, nor will one of the parties be liable for any amount for loss of income, profits or savings, or indirect, incidental, consequential, special, or punitive damages of any party, including claims or damages of third parties, even if the parties have been informed of the likelihood of such accidents.

Users of the site agree that any cause of action derived or related to the site must begin within six (6) months after the cause of action is agreed, or the cause of action is permanently limited. Because some jurisdictions do not allow limitations on the duration of an implied warranty, the exclusion or limitation of liability for consequential or incidental damages, or the agreement of the statute of the period of limitations, all or part of the foregoing limitation may not apply. If these limitations as written are not allowed by applicable law, they will be used to the extent permitted by applicable law. Nothing contained in this document prevents a party from seeking a specific application, a precautionary measure, or another equitable remedy.

      Compensation

Users of the Site agree to indemnify, defend and disclaim Fit Figure and its officers, directors, employees, agents, franchises, licenses, licensors and suppliers, from and against each and every one of the losses, responsibilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, derived or resulting from your use of the site or any product or service offered or accepted through the site and any violation of these Terms of Use.

If there is a technical interruption of the site or the systems that support it due to an action or inaction of the users, the user accepts to be responsible for each and every one of the losses, responsibilities, expenses, damages, and costs, including the fees reasonable attorneys and court costs arising or resulting from that interruption. Fit Figure reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to compensation and, in this case, users agree to cooperate with Fit Figure in defense of the said matter.

       Confidentiality

The privacy of all users must be protected at all times. Fit Figure will maintain reasonable administrative, physical, and technical safeguards for the protection of the security, confidentiality, and integrity of the site. Upon request, Fit Figure will provide a description of your security measures for the site. Users are responsible for deciding whether Fit Figures security measures comply with users 'requirements in light of business objectives and laws or regulations applicable to users' businesses. Users agree that Fit Figure is not responsible for any damage resulting from a security incident arising from the use of the site unless the incident is the result of the failure of Fit Figures to properly implement and maintain its security measures.

        Competition

The site is controlled by Fit Figure from its offices located within the United States of America and has been designed to comply with the laws of the United States. Questions about the enforceability and scope of the arbitration provision contained in this document will be interpreted and applied in accordance with the US Federal Arbitration Act. UU. Otherwise, the laws of the State of California govern these Terms of use and use of the site. If the site is accessed from a location outside the United States, it is done at the sole risk and discretion of the users with the understanding that the laws applicable in a foreign place may not apply to the site.

Any controversy or claim arising out of or related to these Terms of Use, or the breach thereof, will be subject to binding arbitration and will be decided individually, and not in a class action or multiple demand lawsuit or in response wherever the party hereby acts as a representative unless prohibited by law. Any arbitration of this type will be administered by the American Arbitration Association under its Consumer Arbitration Rules, and the ruling on the award issued by the arbitrator may be filed in any court that has jurisdiction over it. It is expressly acknowledged that he understood and agreed that: the arbitration is final and binding; the parties waive their right to seek legal remedies in court, including the right to a jury trial; pre-arbitration discovery is generally more limited and different from that available in judicial proceedings; the arbitrators' award is not required to include factual conclusions or legal reasoning; and any right of the parties to appeal or evict, or seek modification of the arbitration award, is strictly limited by law. The arbitration will be before a single arbitrator. The place of arbitration will be Plainview, New York, United States of America. It is understood, acknowledged, and agreed that in such arbitration, each party should be solely responsible for the payment of their own attorney fees. Each party will pay its required share of the costs of arbitration.

Notwithstanding the foregoing, either party may request relief by court order from an appropriate state or federal court located in New York before or during arbitration, may file a lawsuit in a court of law to address the intellectual issue.

        Fully approved

These Terms of Use, together with the agreements referred to in this document between users and Fit Figure with respect to the purchase and licensing of products (which are incorporated below by reference), constitute the entire Agreement and replace all agreements, negotiations, representations, and previous proposals written and oral, related to it.

       Divisibility

If any provision of these Terms of Use is illegal, void, or unenforceable, the remaining provisions will remain in full force. In the event that an arbitrator or court of competent jurisdiction determines that any provision exceeds the limits allowed by any applicable law or is not valid as written, it may be amended to the extent necessary to make it reasonable and applicable.

      No assignment

Users and the persons he/she represents may not assign these Terms of Use or the rights and obligations below without the prior written consent of Fit Figure, which may be retained at the discretion of Fit Figures. Fit Figure may assign these Terms of Use and their rights and obligations below without the user's consent.

HOW TO CONTACT US

Questions or comments about these Terms of Use or the Site can be directed to

ken@fitfigurefitness.com.

Contact:

(949) 294-4838

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