The content contained in this site is fully and exclusively the property of, and/or used with permission by, Fit One LLC. Please review these Terms and Conditions before using this website. Your use of this website indicates your agreement to be bound by these Terms and Conditions. Use of any material contained on this site may only be for personal and noncommercial use. No images from this site may be duplicated, copied, reprinted, altered, or resent for any purposes, including personal use, without prior written permission by Fit One LLC. All logos and service-marks are registered or unregistered trademarks of Fit One LLC, and are the exclusive property of Fit One, LLC.
Any transmission of defamatory, unlawful, obscene, or offensive material to, or in connection with, this site is strictly prohibited. Fit One LLC strictly prohibits any misuse of this website including, but not limited to the following: overburdening this site, damaging this site, hacking, unauthorized entry, etc. This may be grounds for criminal prosecution by law enforcement within the jurisdiction of local, state, or country government.
Information, product description and pricing, material, and content contained or communicated in conjunction directly with this website is not guaranteed by Fit One LLC to be without incompleteness, error, or inaccuracy. Fit One LLC will not purposefully attempt to display inaccurate information, but will not guarantee complete accuracy, as issues of timing, or human or technical error can occur for any reason. In no way will Fit One LLC or any affiliate of Fit One LLC be held liable to any party or to any degree for any damage or loss associated with using this website, including but not limited to, transmission of viruses, theft, attorney fees, or errors while communicating with an operator of this site. You agree that Fit One, LLC, its officers, directors, employees, affiliates, and/or agents shall have no liability to you under any theory of law, liability, or indemnity in connection with your use of this website. You hereby release, discharge and forever waive any and all claims you may have against Fit One, LLC, its officers, directors, employees, affiliates, and/or agents, including but not limited to claims based upon the negligence of Fit One, LLC, its officers, directors, employees, affiliates, and/or agents or the like for losses or damages you sustain in connection with your access and use of this website.
Fit One LLC may change, at any time, the material and information on this website by right and without notice.
These Terms and Conditions, including disputes that may arise, will be governed solely within the jurisdiction of the courts of law in Canton, Ohio, USA, and you acknowledge and consent to the exclusive personal jurisdiction of such courts in any such action or proceeding and waive any objection to venue laid therein. All terms herein are governed by the laws of the State of Ohio.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE MATERIALS ARE PROVIDED AT YOUR SOLE RISK. THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIT ONE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. FIT ONE, LLC MAKES NO WARRANTY THAT (i) THE MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIT ONE, LLC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIT ONE, LLC SHALL NOT BE LIABLE 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 FIT ONE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
EXCLUSIONS AND LIMITATIONS:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.