Welcome to the FITiST website (the "Site").  FITiST provides its services and products to you subject to the following conditions. Before you may use the Site, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service ("TOS") and the linked Privacy Policy. We strongly recommend that, as you read this TOS, you also access and read the linked information, since it is incorporated into and hereby made part of this TOS. This TOS is effective upon acceptance. Use of any functionality of the Site constitutes acceptance of this TOS. If this TOS conflicts with any other documents, the TOS will control for the purposes of usage of the Site.  If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Site in any way

1.  Description of Services.

On the Site, FITiST provides or may provide users with online access to fitness studio classes, spa treatments and wellness services, as well as products for sale, events, and invitations to third party products/events (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

2. License and Site Access.

FITiST grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (see definition in Section 14 below) available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in FITiST’s sole discretion) an unreasonable or disproportionately large load on FITiST’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by FITiST to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by FITiST.

3. Membership Eligibility.

The FITiST.com Service is not available to minors under the age of 18 or to any users suspended or removed from the system by FITiST for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your FITiST.com account to another party.  If you do not qualify, you may not use the FITiST.com Service or the Site.

4. Your Account.

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or FITiST has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FITiST has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).  If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify FITiST immediately of any unauthorized use of your account or any other breach of security at support@FITiST.com. FITiST reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

5. Submitted Content.

FITiST does not claim ownership of any materials you make available through the Site.  At FITiST’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant FITiST a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 5.

6. Disclaimer of Warranty.

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

FITIST DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN FITIST, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.

OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL FITIST, FITIST CORP. AND EACH OF THEIR RESEPCTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

7. Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FITIST CORP. AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FITIST CORP. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF FITIST CORP. AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF FITIST CORP. AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS SITE ANDTHE SERVICES IS $50.

• YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT OR POST VIA THE SITE.

• IN NO EVENT SHALL FITIST CORP. AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES.

The contents of the FITiST Corp. Site, such as text, graphics, images, an other material contained on the Site are for informational purposes only. The Content is not intended to be a substitute for professional 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. Never disregard professional medical advice or delay in seeking it because of something you have read on the FITiST Site.

8. Indemnity.

You agree to indemnify and hold FITiST Corp. and each of their respective] officers, directors, agents, affiliates, subsidiaries, joint ventures, and employees, harmless from any claim or demand (including reasonable attorneys’ fees and expenses) arising out of or related to your breach of this TOS, your use of the Site (including but not limited to purchases made on the Site), or your violation of any law or the rights of a third party.

9. Electronic Communication.

When you use the Site or send emails to FITiST, you are communicating with FITiST electronically. You consent to receive communications electronically from FITiST and its Site Affiliates (as defined in the Privacy Policy). FITiST will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

10. Links.

The Site or third parties may provide links to other World Wide Web sites or resources. Because FITiST has no control over such sites and resources, you acknowledge and agree that FITiST is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that FITiST shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

11. Access To Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

12.  Notice to All California Consumers.

Under California Civil Code Section 1789.3, California users of this Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

13. Modification and Notification of Changes, Termination.

FITiST reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time.  Should you wish to terminate your account due to a modification to the TOS or the Privacy Policy, you may do so by sending an email with the subject line "Termination" to the following email address: support@FITiST.com. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.

FITiST may change, suspend or discontinue any aspect of this Site at any time, including the availability of any of the Service or any services/products on the Site.  In addition, FITiST may immediately terminate this Agreement at any time in its sole discretion.

14. Trademarks.

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of FITiST Corp. and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of FITiST or such third party, which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

15. Procedure for Claims of Intellectual Property Infringement.

FITiST respects the intellectual property of others, and we ask our users to do the same. FITiST may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FITiST at IP@FITiST.com with the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Site;

(iv) your address, telephone number, and email address;

(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

FITiST may update such contact information from time to time. You agree that changes to such contact information shall not constitute a modification to this TOS for the purposes of Section 13.

16.  Membership, Purchase of Services and Billing Practices.

Membership Packages.  FITiST Membership Packages are fitness, spa and wellness packages available for sale on the Site Membership Packages are billed monthly on a 31-day cycle.  Membership Packages that are only one month in duration begin on the day of purchase and end after 31 days.  If you purchased a Membership Package that is longer than one month in duration, the credit card that you used to purchase such Membership Package will be automatically charged the fee for such Membership Package each month.  You authorize FITiST to collect such monthly fee and are obligated to pay such fees.  Membership Packages are non-refundable and non-transferable.

Last Minute Deals are a daily selection of classes and appointments for sale at a discount to their full price Last Minute Deals are non-refundable and will be charged immediately upon booking/purchase of a Last Minute Deal.  Last minute deals are also non-transferable.

Add-ons.  Add-ons are services, classes and sessions that can be purchased only after you have purchased a Membership Package (they are an “add-on” to your Membership Package). Add-ons are non-refundable and non-transferable. 

Notwithstanding the foregoing, a user may purchase a Membership Package, Last Minute Deal or Add-on for another user as a gift. 

FITiST Points.  FITiST customers will be rewarded with a specific number of FITiST points for every purchase made on the Site. These FITiST points can be used for future purchases on the FITiST website as well as to redeem exclusive discounts with FITiST partners and affiliates.  FITiST points are non-transferrable. 

17.  Acceptance of Terms of Service

BY USING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use this Site. FITiST may change the terms of this Agreement at any time, and your use of this Site after such changes are posted will mean that you accept them.

18. General.

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time FITiST may offer special promotional offers. You agree to be bound by any additional terms and conditions for these special offers which can be found by clicking here. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and FITiST will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and FITiST agree to submit to the personal jurisdiction of the federal and state courts located in the State of New York with respect to any legal proceedings that may arise in connection with this TOS. The failure of FITiST to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. FITiST does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and FITiST and governs your use of the Site, superseding any prior agreements between you and FITiST with respect to the Site.

Historical Modifications:

4/18/11: Initial version posted