Terms of Use

LAST UPDATED:  30 December 2015

This website from which you are accessing these Terms of Use (“Site”) is created and maintained by Fit4D. Fit4D and Fit4D.com are the names we use to refer to our business, and the terms “we” and “our” refer to this company.

Please read the below terms and conditions (“Terms of Use”) carefully.  Your use of the Site is subject to these Terms of Use.

These Terms and Conditions of Use describe rules for visitors to this web site and any participants in any of the programs offered by Fit4D, including personalized coaching. “When used herein, “you” shall refer to visitors to this website and any participants in any of the programs offered by Fit4D, including, without limitation, webinars and on-line coaching programs.

1. Acceptance of Terms.  By accessing or using the Site, you agree to these Terms of Use and to any additional rules that we may post on the Site.

We may make changes to these Terms of Use (and to any such additional rules) from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site.  You can determine when we last changed these Terms of Use by referring to the “LAST UPDATED” legend above.  Your access to or use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

2. Intended use of the Site.  The Site, its features and its Content (as defined below) are for personal and non-commercial use only.  You may not use or otherwise exploit the Site and/or any Content in connection with any business or commercial undertaking (whether or not for profit).  Your use of the Site and/or Content must at all times comply with all applicable laws, rules and regulations.

Fit4D’s Privacy Policy and Notification of Privacy Practices that appear elsewhere on this website are considered integral parts of the Terms and Conditions of Use. Your use of this website and Content (defined below) constitutes your acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should immediately cease use of this website and content. These Terms and Conditions are effective as of the date above.

Medical Disclaimer: Fit4D offers exercise and nutritional advice and guidance for the management of diabetes; however, its advice and guidance is not intended to be a replacement or substitute for professional medical advice. Neither the content on Fit4D’s website, newsletters and emails, nor any services provided by Fit4D coaches is intended to be relied upon for medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Fit4D offers exercise, nutritional advice and guidance as part of a program for self-management of diabetes and the advice and guidance provided is not intended to be a replacement or substitute for professional medical advice. You understand that Fit4D does not conduct physical examinations of its participants and will begin to provide me with its informational and advisory services only with the approval of your physician. It is clear that continued treatment, adjustment and attention to your diabetes will be your responsibility in conjunction with an ongoing physician-patient relationship. You will seek the advice of a physician or other qualified health provider with any questions that arise regarding any medical condition. You acknowledge that all information and guidance provided by Fit4D or Fit4D coaches is solely at your own risk. You recognize that all physical and nutritional activities should be undertaken by Fit4D’ participants under the supervision of their physician or suitable health care provider. You understand that Fit4D does not endorse any particular physician or healthcare provider for the treatment of diabetes or in the pursuit of any fitness goals that a participant may have. Rather, Fit4D seeks to advise participants on reasonable, prudent plans of exercise and nutrition while bringing expertise in the areas of diet and fitness training for the diabetic person.

Program Participation: Participation in Fit4D’s programs is subject to an applicant’s submission and delivery of all necessary documentation and information, and Fit4D’s review of all necessary information. Acceptance as a participant in any Fit4D coaching program is within the sole discretion of the employees and advisors of Fit4D. For full-scale coaching program candidates, Fit4D will request and be guided by clearance from the applicant’s physician. Therefore, each applicant to participate in such Fit4D programs must submit to Fit4D the name and contact information of his or her primary care or diabetes management provider who best knows the individual’s overall state of health and ability to participate in an exercise program.

Since primary communications between Fit4D and each of its members will be primarily by email address and telephone, you, as an applicant to participate in such programs, agree to provide a single email address and a primary telephone number to be used both for contact and as primary identifiers, and to hold Fit4D harmless for any problems that arise from my failure to secure that email address or for any other person’s misuse of that email address. During the enrollment process, there may be a debit or credit charge made on your debit or credit card by Fit4D or its on-line processing agents. This debit or credit charge does not guarantee acceptance in such programs by Fit4D. Should you not become a Fit4D program participant per the enrollment conditions explained herein, Fit4D or its agents, will process a refund of the debit or credit charge made on the card used during the enrollment process.

Limitation of Liability: Fit4D will in no event be liable to any party for any direct, indirect, special or other consequential damages to your computer or other property arising out of any use of this website, or any other linked website, including, without limitation, any lost profits, business interruption, loss of programs or data on your equipment, or otherwise, even if we are expressly advised of the possibility or likelihood of such damages. If you download or copy Content from this website, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing virus protection software.

By clicking on the acceptance button, you, to the extent you are applying to participate in any Fit4D program, hereby release, waive any claim or cause of action and covenant not to sue Fit4D or any of its officers, directors, employees, contractors or advisors. You further agree to hold Fit4D and all of its officers, direct employees, contractors or advisors harmless from any claims they may have, either sounding in negligence or malpractice, whether Federal or State in nature, as a condition precedent to becoming a participant in any program offered by Fit4D. Such claims include, but are not limited to, problems with any medical care, medical treatment or amendment or change to my diabetes treatment regimen. While you, as an applicant to participate in a one or more Fit4D programs, recognize that physical fitness plays an important role in diabetes management, you acknowledge and understand that the exercise and nutritional programs necessary to achieve that goal require particularly careful management to avoid the kinds of risks inherent in both the disease and in various forms of physical activity. These include, but are not limited to, diabetic coma, circulatory and cardiac complications. You also realize that physical injuries or medical distress might occur in any sport, nutrition or fitness program. While the guidance provided by Fit4D is designed to minimize risks while helping participants achieve their fitness goals and Fit4D provides that guidance on a best-efforts basis, it does not provide on-site or real-time supervision of such activities. Therefore, in the event of any adverse outcomes, you assume full responsibility and hold Fit4D harmless from any damages you may suffer. Notwithstanding anything contained herein to the contrary, any liability by Fit4D to you shall be limited to the amount paid by you to Fit4D.

Website Disclaimer: Fit4D strives to provide accurate and up-to-date material on this website. However, we make no warranties or representations as to the accuracy or timeliness of the Content. Your use of this website and Content is at your own risk. Information on this website is provided AS IS without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or timeliness. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The data set forth herein is for informational purposes only, and no warranty is made that the information is error-free. Please note that once you leave this site, either by using a link we may have provided for your convenience or by specifying your own destination, Fit4D accepts no responsibility for the content, products and/or services provided at other websites.

Ownership and Use of Content: All of the information and content on this website, including, but not limited to, all text, analyses, reports, articles, graphics, software applications, video and audio files and photos, trademarks, service marks and trade dress (“Content”) is owned or licensed by Fit4D. The Content is protected worldwide by applicable intellectual property laws. There are some important rules about copying these materials. You may e-mail, download, or print copies of the materials on this web site, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this web site, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page. Fit4D reserves the right to terminate at any time your right to make personal copies of Content. You must obtain our prior written consent (if we agree) before you use the Content on any other website or in a networked computer environment for any purpose, or before you republish or redistribute the Content, or otherwise use the Content for any purpose other than your personal, non-commercial use. You may not frame the Content within another website. Except for the limited use rights expressly provided in this paragraph, all rights in Content are reserved.

Trademarks: The names “Fit4D”, “Fit4D.com” and all other trademarks, service marks, trade names, logos, domain names, URLs and icons (“Marks”) appearing on this website, registered or not, are the property of Fit4D or their respective owners. Nothing on this website grants you any right or license to use any of the Marks on this site without the express written permission of Fit4D or the third party owners of the Marks. Unauthorized use may violate trademark and other laws.

Links to Other Web Sites: This web site may contain links to web sites not operated by Fit4D. We provide these links for your convenience, but have not reviewed any or all such sites and we do not endorse and are not responsible for performance of or for your business dealings with any of these third party websites. Your use of other web sites is subject to the terms of use of those web sites, including the privacy policies of those web sites.

Links to This Web Site: You are hereby granted a non-exclusive, limited, and revocable license to link to this web site. Fit4D reserves the right to revoke this license generally, or your right to use specific links, at any time. If Fit4D revokes this license, you agree to remove and disable any and all of your links to this web site immediately. You agree not to present the link to this web site in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a web site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you frame this web site or any of its content or copy portions of this web site to a server. You agree not to display or use the Fit4D logo or trademark in any manner without our prior written permission.

Feedback and Comments: We are pleased to receive feedback, comments and ideas from users of this web site but we do not want to receive confidential or proprietary information from you through this website. Please note that any information that you submit through this web site will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). If you transmit any ideas, information, concepts, know-how, techniques or materials to us through this web site, you hereby agree that Fit4D is free to use them for any purpose without attribution, and that you grant Fit4D a royalty-free, unrestricted and irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium.

Changes: Fit4D reserves the right to change the Content on this website and these Terms and Conditions from time to time without prior notice. Your continued use of this website constitutes your acceptance of any change or update, all of which shall become controlling when posted. It is your responsibility to review these Conditions and Terms of Use periodically to be aware of such changes.

Children: This website does not intend to market any Fit4D products or services to children less than thirteen (13) years of age. We do not knowingly gather or solicit data from children under thirteen (13) years of age through this website for marketing purposes. By using this website you represent that you are not less than thirteen (13) years of age.

Legal Considerations: If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If you violate these Terms and Conditions of Use or the Privacy Statements in a way that causes harm to others, you agree to hold Fit4D harmless against any liability for that harm.

By using this web site and/or participating in any program offered by Fit4D, you agree that any and all interactions between a you and Fit4D shall be governed, construed and enforced in accordance with the laws of the United States of America and of the State of New York. Any claim or litigation which may result from the relationship established between participant and Fit4D shall be venued in the United States District Court for the Southern District of New York or the Supreme Court of the State of New York, located in the County of New York. You hereby agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Fit4D or its affiliates, employees, officers, directors, agents, or suppliers.